AGENDA #7a
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Procedural Memorandum – Review of Issues Related to Europa Applications: Modification of Existing Special Use Permit and Application for New Special Use Permit
DATE: November 12, 2001
INTRODUCTION
Tonight the Council continues Public Hearings from June 25, 2001, regarding a applications seeking approval of a Special Use Permit Modification for the Hotel L’Europa, and a new Special Use Permit for the Europa Office Building. This memorandum sets the context for procedural issues related to the two related applications.
This procedural memorandum provides background summarizing the review of the applications that has occurred to date. The first issue for the Council to consider tonight is whether or not the applicant’s Traffic Impact Statement is adequate, and this procedural memorandum discusses that issue. We report in this memorandum our opinion that the Statement is adequate, and that consideration of the following memoranda (Items B and C on tonight’s agenda) is appropriate.
If the Council determines that the Traffic Impact Statement is not adequate, the appropriate action would be to require revision. Adoption of Resolution A would require the applicant to revise the Traffic Impact Statement and would reschedule the Public Hearing to a future date. We do not recommend adoption of Resolution A. We believe that it is reasonable to proceed tonight with consideration of the two applications currently before the Council.
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This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:
Attachments: Includes a resolution asking the applicant to revise the Special Use Permit application and reschedule the Public Hearing, and related attachments.
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Background
Public Hearings on these items were originally held on May 14, 2001, and continued on June 25. At the June 25 continuation, questions were raised regarding May and June submissions of petitions calling for a development moratorium in the northeast sections of Chapel Hill. In response to those questions, the Council decided to respond to the petitions before continuing Public Hearings on these two applications. Accordingly, the hearings were recessed until tonight.
On September 24, 2001, the Town Council responded to the petitions requesting enactment of a moratorium in the US 15-501/Erwin Road/Sage Road areas. The Council chose not to enact a moratorium in the area, but instead to schedule a Work Session for January 23, 2002 for the purpose of further discussing the existing and projected conditions in the northeast section of Chapel Hill. In addition, the Council instructed the Town Manager not to schedule any public hearings on rezoning requests in the areas described in the petitions until the Council has conducted the Work Session. These Europa applications do not involve rezoning, and the Council agreed on September 24 that processing and consideration of these applications could continue. Accordingly, we present these two items tonight for the Council’s consideration.
One of the questions regarding the applications, raised during the Public Hearings on May 14, addressed the completeness of the applicant’s traffic information. The hearings are being reopened tonight to receive applicant and staff responses to this and other questions.
SUMMARY OF APPLICATIONS
The Hotel L’ Europa Special Use Permit Modification application includes:
1) A proposal to reduce the overall area encumbered by the 1981 Special Use Permit boundary; and
2) A request to divide the remaining Special Use Permit boundary area and associated developments, the Sheraton Hotel and the Village Office Park, into two separate Special Use Permits.
The Europa Office Building Special Use Permit application proposes construction of a 38,000 square foot, two-story office building with 108 on-site parking spaces on a 2.24-acre site.
Please see accompanying memoranda, Items B and C related to this procedural memorandum, for full description of the applications and discussion of issues raised in May and June.
PROCESS
This procedural memorandum discusses the concerns expressed about the applicant’s traffic impact statement. In response we offer an option, in the form of attached Resolution A, for the Council’s consideration.
Prior to considering the accompanying memoranda evaluating the two subject applications (Item B and Item C), we suggest that the Council: 1) Determine if the applicant’s submitted traffic impact statement is adequate; and 2) If not, what type of additional information is desired.
It would be appropriate for the Council to proceed tonight with consideration of the Public Hearings on the two applications if the Council determines that the submitted information on traffic is adequate. If the Council determines that the information is not adequate, adoption of Resolution A would require additional information from the applicant and recess consideration of the two applications until some future date.
DISCUSSION OF TRAFFIC IMPACT STATEMENT
We believe that sufficient information exists with the applicant’s existing Traffic Impact Statement for the Council to act at tonight’s hearing on the two applications without requiring additional information on traffic.
As we previously stated during the May 14 Public Hearing, we believe that the applications, including the submitted Traffic Impact Statement, are adequate. We refer the Council to the attached memorandum from the Engineering Department dated May 7, 2001. We also refer the Council to the attached June 19, 2001 letter from the Town’s Engineering Director. This letter is a response to the issues raised in a May 25, 2001 letter to the Council from Mr. Harvey Krasny.
We note that in reviewing this project, in addition to the traffic analysis contained in the applicant’s traffic impact statement, Town staff also referenced and relied on the following documents:
· The Marriott Resident Inn Traffic Impact Statement
· NCDOT’s analysis of the US 15-501/Erwin Road Superstreet intersection;
· Signal timing study conducted by the Town of Chapel Hill at the US 15-501/Sage Road intersection; and
· The US 15-501 Major Investment Study
We note that case law has established a principle called “rational nexus” requiring that there be a clear relationship between requirements attached to a development approval, and the needs and impacts that are created by a proposed development. We have reported our opinion that the nature of the proposals, and the submission of what staff considers an acceptable traffic impact statement, is a reasonable match. Accordingly, we do not recommend that this applicant be required to submit additional information on traffic.
However we note that, due to the concerns raised about traffic at the May 14 Public Hearing, the Council could arrive at a different conclusion and determine that additional information is required. In light of that possibility we have included Resolution A for the Council’s consideration. Adoption of Resolution A would require the applicant to submit an updated traffic impact statement. Resolution A would also recess the Public Hearing until some future date.
Staff Comment: In response to the questions concerning the design of the superstreet and projecting future traffic volumes, we refer the Council to the attached June 19, 2001 letter from the Engineering Department to Mr. Harvey Krasny.
The Engineering Department believes that the proposed superstreet improvements would be capable of handling expected traffic growth in the vicinity at an acceptable level of service.
The attached June 19 letter also notes the following:
· A annual growth factor of 4% was used in the design of the superstreet;
· The design of the superstreet anticipated an increase of more than 10% in traffic volumes by 2004;
· Construction of the superstreet is planned for 2004;
· The superstreet analysis and associated design account for future development that could reasonably be expected for undeveloped land in the vicinity of Europa Drive/Erwin Road/US 15-501 intersection; and
· Modeling suggest that the superstreet design should reduce vehicle travel time through the intersection area and reduce delays
Please refer to the attachment from the 2002-2008 North Carolina Department of Transportation’s Transportation Improvement Program for addition information on the funding and anticipated construction timetable for the US 15-501/Erwin Road intersection improvements (superstreet). The attached schedule indicates an anticipated construction cost of approximately two million dollars with the funding source from the State. Construction start up is noted as fiscal year 2004.
Based on the review of this issue by the Engineering Department we believe that the proposed superstreet, as designed, anticipated expected traffic growth in the vicinity of the proposed development.
We anticipate that this issued will be a topic for discussion during the Council’s moratorium work session this January.
Manager’s Recommendation: Based on our evaluation and the evidence presented at the Public Hearings, we believe that it is reasonable to proceed with consideration of the two applications currently before the Council.
Alternatively, we believe the Council could decide that additional information is needed. Resolution A would request the applicant to modify these applications by submitting a revised traffic impact statement. Resolution A would recess until a future date.
ATTACHMENT 1
HOTEL L’ EUROPA/VILLAGE OFFICE PARK COMPLEX
SPECIAL USE PERMIT MODIFICATION
EUROPA OFFICE BUILDING SPECIAL USE PERMIT
Discussion on pending developments in the area
During the Public Hearing, several Council members requested additional information on the status of pending developments in the general area and along Erwin Road. Some Council members and citizens expressed concern that the traffic generated by proposed developments in the area was not considered in the design of the Superstreet or anticipated in the applicant’s traffic impact statement.
Staff Comment: A general description of three pending development proposals and status of each development application is outlined below.
· Marriott Resident Inn: Hotel on a 13.4 acre site that is located northwest of the intersection of Erwin Road and Dobbins Drive. The proposed hotel would include 126 lodging units, and a total of 133 parking spaces. This site is diagonally across US 15-501 from the Sheraton Hotel. This development, as currently proposed, requires Council approval of a Zoning Atlas Amendment and Special Use Permit application.
The Community Design Commission conducted a concept plan review of this development on January 24, 2001. Applications for a Special Use Permit and Zoning Atlas Amendment, including a traffic impact statement, were received and accepted by Town staff in April and staff review was completed in May.
The next step in this process is for the applicant to resubmit plans and documentation for presentation to advisory boards and Council. As of this memorandum, the applicant has not provided staff with the necessary application materials for review by advisory boards or the Council. Meeting dates before advisory boards and Council on this development proposal have not been scheduled at this time.
· Jefferson Commons at Chapel Hill: A mixed-use development on a 19.5-acre site that is located northeast of the intersection of Erwin Road and Dobbins Drive, with an out parcel located on Sage Road, north of Dobbins Drive. The site includes an assemblage of eight (8) lots, which are presently occupied by several residential dwelling units and accessory structures. The proposal consists of 2 two-story retail/office buildings (50,268 sq. ft.), 172 multi-family dwelling units (32 affordable units) and 656 parking spaces. The proposal also included a request to rezone 14.63 acres from Residential-4 (R-4) to Community Commercial.
The Community Design Commission conducted a concept plan review of this development on May 8, 2001.
The next step for the applicant is to submit Special Use Permit and Zoning Atlas Amendment applications for staff review. We are in receipt of these applications, however the applicant is requesting that staff postpone their review until further notice. We understand that this applicant is delaying staff processing of these applications to some time after the Council’s January workshop on the development moratorium. Meetings date before advisory boards and Council on this development proposal have not been scheduled at this time.
· Notting Hill II: Multi-family development on a 33.6 acre site that is located north of the Englewood subdivision on the east side of Erwin Road. The proposed development includes 186 dwelling units that consist of 259,590 square feet of floor area. A total of 325 parking spaces are proposed. This site is within 1 mile of the Erwin Road/US 15-501 intersection. This development, as currently proposed, requires Council approval of a Zoning Atlas Amendment and Special Use Permit application.
The Community Design Commission conducted a concept plan review of this development on May 16, 2001.
The next step for the applicant is to submit Special Use Permit and Zoning Atlas Amendment applications for staff review. As of this memorandum, the staff has not received these applications. Meetings date before advisory boards and Council on this development proposal have not been scheduled at this time.
Each of the three development proposals would need Council approval of a Zoning Atlas Amendment.
ATTACHMENT 2
A RESOLUTION REQUESTING THAT THE APPLICANT FOR THE HOTEL L’ EUROPA/VILLAGE OFFICE PARK COMPLEX SPECIAL USE PERMIT MODIFICATION AND EUROPA OFFICE BUILDING SPECIAL USE PERMIT MODIFY THE APPLICATIONS (2001-11-12/R-11)
WHEREAS, on May 14 and June 25, 2001, the Town Council held a Public Hearing on the Europa L’ Hotel Special Use Permit Modification application and the Europa Office Building Special Use Permit application; and
WHEREAS, the Public Hearing on these two items was recessed and continued to November 12, 2001; and
WHEREAS, the submission of both applications included the a Traffic Impact Statement from 1996; and
WHEREAS, testimony presented during the Public Hearings on both applications included concerns and statement about the current and future traffic conditions at the Europa Drive/Erwin Road/US 15-501 intersection and surrounding area; and
WHEREAS, Council members expressed concerns about the submission of a five year old traffic impact statement;
NOW, THEREFORE BE IT RESOLVED that the Town Council requests that the applicant for the Hotel L’ Europa/Village Office Park Complex Special Use Permit Modification and the Europa Office Building Special Use Permit modify the applications and submit a revised and updated traffic impact statement. Traffic counts for the updated traffic impact statement should not be conducted prior to the beginning of the fall 2001 semester at the University of North Carolina.
BE IT FURTHER RESOLVED that in order for the applicant to revise and update the traffic impact statement and to allow time for Town staff to review the information and report back to the Council, the Public Hearings on the two applications shall be recessed until February 11, 2002.
This the 12th day of November, 2001.