Public Hearing: Meadowmont Town Park

SUBJECT: Public Hearing: Meadowmont Town Park – Application for Special Use Permit Modification

An application seeking approval of a Special Use Permit Modification has been filed by the Town of Chapel Hill and the John R. McAdams Company, Inc., to allow the construction of a Town Park. The park is proposed on a 70.45-acre site that is located in the northeastern portion of the Meadowmont development.

The park is located north of the UNC-Chapel Hill Paul J. Rizzo Conference Center and Meadowmont Lane. The Chapel Hill Country Club is located west of the park site, while Lancaster Drive and the Oaks III neighborhood are located north and east of the park site.

Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of this application, and further to receive evidence which the Council may consider as it determines any appropriate conditions to impose upon the proposed development.

The Development Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit Modification 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.

We note that since the Town Park Special Use Permit Modification plan (dated October 8, 2001) was submitted to Town Advisory Boards, the plan has been revised (dated November 14, 2001). The revised plan proposes to share additional facilities on the school site through a Joint Use Agreement, thus requiring less impervious surface on the Park site and reducing land disturbance in the Resource Conservation District and 100-year Floodplain.

The standard for review and approval of a Special Use Permit Modification application pursuant to an approved Master Plan involves consideration of consistency with the Master Plan and compliance with the Town’s Development Ordinance. Evidence will be presented tonight. If, after consideration of the evidence, the Council decides that it can make the necessary 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 the findings, then the application cannot be approved and, accordingly, should be denied by the Council.

CONTIGUOUS PROPERTY

One of the findings that the Council must make when considering a Special Use Permit Modification 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.

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 Modification 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.

Subsequently, on July 3, 1997, the Council approved a Special Use Permit for a 92.48-acre Park and School site. At this time, the Chapel Hill-Carrboro School Board has submitted a Special Use Permit Modification to construct an elementary school on the southwestern 22.04 acres of the overall Park and School site. Accordingly, this Town Park Special Use Permit Modification proposes to release 22.04 acres for approval as a school site, and shrink the boundaries of the Town Park approval to encumber the remaining 70.45 acres.

Description of the Application

The 70.45-acre park site is located in the northeastern portion of the Meadowmont development, north of the UNC-Chapel Hill Paul J. Rizzo Conference Center and Meadowmont Lane. The Chapel Hill Country Club is located west of the park site, while Lancaster Drive and the Oaks neighborhood are located north and east of the park site. The site is located in the Residential-1 (R-1) zoning district. The site is located in both Orange County and Durham County, and is identified as Chapel Hill Township Tax Map 52, Lots 33 and 34.

Existing Conditions: The proposed park site is generally flat, with a typical slope of 1-2 percent. Little Creek divides the park site from west to east, draining into a migratory waterfowl/wildlife sub-impoundment area located on the southeastern portion of the park site. The majority of the site is located in a United States Army Corps of Engineers Flowage Easement. Several federally regulated wetland areas are located both north and south of Little Creek.

The southern portion of the park site, which is located near Meadowmont Lane (this portion of Meadowmont Lane has not yet been constructed), includes an existing man-made pond. This portion of the site has very different topography, with slopes ranging from 5 to 15 percent. There is an existing log cabin located on the west side of the pond.

The entire 70.45-acre site is located in the Town’s Watershed Protection District. The site includes 69.12 acres of land that are located in the Town’s Resource Conservation District (RCD). Of the 69.12 acres located in the Resource Conservation District (RCD), 64.88 of these acres are located in the 100-year Floodplain.

Development Description: This Special Use Permit Modification application (as revised with plans dated November 14, 2001) proposes the construction of a picnic shelter, an 8-foot wide natural surface greenway, and 4-foot wide natural surface pedestrian/hiking trails (including 3 pedestrian bridges). The remainder of the site is proposed to remain open space.

We note that the application (revised on October 8, 2001) that was reviewed by Town Advisory Boards, included the following additional facilities on the parks site: a 26-space parking lot, an outdoor basketball court, and a compost/yard waste site with an accessory building. These facilities have since been deleted from the plan (see revised plans dated November 14, 2001). As noted in the attached memorandum, parking and an outdoor basketball court will be provided on the adjacent School site as part of a Joint Use Agreement. The compost/yard waste site has been deleted due to a change in the Town’s yard waste collection program. Overall, these changes are proposed to significantly decrease the amount of impervious surface on the Town Park site, and reduce land disturbance in the Resource Conservation District (RCD) and 100-year Floodplain.

EVALUATION OF THE APPLICATION

We note that this application for a Special Use Permit Modification has been submitted pursuant to the Master Land Use Plan for the Meadowmont development.

We have evaluated the application regarding its compliance with the standards and regulations of the Development Ordinance. We have prepared a Staff Report, attached to this memorandum, that discusses intensity standards, access and circulation, parking, traffic impact, building elevations, buffers and landscaping, 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 also attached written information that has been submitted by citizens. 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.

In a typical Special Use Permit Modification proceeding, the burden is on the applicant to present a case that allows the Council to make the required four findings for approving a Special Use Permit Modification. The four findings are:

With Council approval of a conceptual Master Plan, however, if the Special Use Permit Modification application is found to be consistent with the Master Plan, the burden regarding three of the four findings then shifts to those opposed to approval of the Permit. The Council must only make the finding that the proposed development complies with all applicable sections of the Development Ordinance (Finding #2). Evidence will be presented at the Public Hearing on this application. If the Council decides that the evidence does not support making the finding that the proposed development complies with all applicable sections of the Development Ordinance, or if the Council finds that the application is inconsistent with the Master Plan, then the application cannot be approved and accordingly should be denied by the Council.

Following the Public Hearing, we will prepare an evaluation of the evidence submitted in support of, and in opposition to this application. If, after consideration of the evidence, the Council decides that it can make the necessary findings, the Development Ordinance directs that the Special Use Permit Modification shall then be approved. If the Council decides that the evidence does not support making the necessary findings, then the application cannot be approved and, accordingly, should be denied by the Council.

KEY ISSUE

Based on the review of this application by Town advisory boards and the Town staff, a key issue has been identified and is discussed as follows:

Pedestrian Access to Lancaster Drive: One of the recommended stipulations from the 1997 Park and School Special Use Permit application, was that the nature trail “be continued to connect to Lancaster Drive.” As part of the evaluation of this Special Use Permit Modification application, several property owners in the Oaks III neighborhood have expressed concern regarding pedestrian access to the Park, from Lancaster Drive. In particular, these neighbors have submitted evidence that pedestrian access to the Park along Lancaster Drive would encourage on-street parking, and represent a safety hazard.

Staff Comment: We believe that the nature trail connection to Lancaster Drive was intended to allow Oaks III residents to have pedestrian access to the Park, without having to drive around to the parking lots that will serve the Park and School. We note that a “20-foot non-buildable access strip to nature trail” has been dedicated along the Park’s Lancaster Drive frontage in order to eliminate any possible vehicular access from Lancaster Drive.

We note the following advantages and disadvantages associate with the Town Park having a point of pedestrian access from Lancaster Drive:

q Residents of the Oaks III Subdivision, and other parts of the Oaks neighborhood, would have designated pedestrian access to the park without having to drive around to the park’s main entrance off of Meadowmont Lane.

q A pedestrian connection to the park would be consistent with the Town’s policy of providing access to public facilities.

q Citizens looking to walk into the park from Lancaster Drive, may choose to drive to this point of access, and park their cars along Lancaster Drive.

q There are no sidewalks along this portion of Lancaster Drive; thus, pedestrians would need to walk in the street to utilize a Lancaster Drive pedestrian entrance to the park.

On balance, we believe that a pedestrian connection from Lancaster Drive to the Park would be desirable, and would serve as a benefit to neighbors. We believe that it is fairly unlikely that users of the basketball court, picnic areas and athletic fields would utilize such a connection to the Park, because this entrance would be over one-quarter of a mile away from such facilities. We also believe that if parking becomes a problem in the future due to this pedestrian access, that it would be appropriate for the Council to consider parking restrictions along Lancaster Drive at that time.

The Meadowmont Master Land Use Plan indicated that the Park and School site would include a school, parking lots, four athletic/play fields, an outdoor basketball court, a picnic area, a 10-foot wide asphalt greenway trail, a compost/yard waste site, and pedestrian/hiking trails.

The Meadowmont Town Park Special Use Permit Modification application proposes the construction of a picnic area, an 8-foot wide natural surface greenway trail, and 4-foot wide natural surface pedestrian/hiking trails. The Meadowmont Elementary School Special Use Permit Modification, which is being considered concurrently with this application, proposes the construction of a school, parking lots, an outdoor basketball court, four (4) athletic/play fields, and a 10-foot wide natural surface greenway trail. The parking, greenway trail, outdoor basketball court, three (3) of the athletic/play fields, and a restroom facility on the School site, are proposed to be available to Town Park users through a Joint Use Agreement.

We believe that the applicant’s proposal is consistent with the Master Land Use Plan, with the exception of the proposed greenway trail, and the compost/yard waste site. These two issues are further discussed as follows:

The approved Meadowmont Master Land Use Plan includes the following stipulations regarding the greenway trail:

§ That the proposed greenway not end at the golf course, but extend to the pond/amenity area to the north, to connect the northern end of the site to the village center.

§ That the greenway coincide with the sewer easement where possible, and that it include a 10-foot wide asphalt path inside a 34-foot pedestrian easement, and that the design and construction be approved by the Town Manager.

The Meadowmont Elementary School application proposes that as the 10-foot wide asphalt greenway trail enters the southern end of the school site, the trail would transition into a 10-foot wide natural surface trail that continues northward. Once the trail reaches the Town park site, it transitions into an 8-foot wide natural surface trail that continues eastward to the Town Park’s pond/amenity area.

We note that as the 10-foot wide asphalt greenway trail enters the School site and transitions into a 10-foot wide natural surface greenway trail, the 10-foot wide paved greenway trail does connect with a 10-foot wide paved emergency access drive to the east, that circles around the school building and connects to a sidewalk. This 10-foot paved emergency access drive could alternatively provide access to the outdoor basketball court on the School site and the pond/amenity area on the Park site.

The approved Meadowmont Master Land Use Plan (1995) and Meadowmont Park and School Special Use Permit (1997) indicated that a Compost/Yard Waste facility and accessory building would be provided on the Town Park site, immediately north of the pond. We note that this facility is located in the Resource Conservation District and the 100-year Floodplain.

The Compost/Yard Waste facility and accessory building are not proposed to be constructed as part of this Town Park Special Use Permit Modification. In particular, this facility is proposed to be deleted because the Town’s yard waste collection program has changed since 1997. Previously, the Town had collected yard waste collection on an irregular pick-up basis, every two to four weeks. The nature of this collection routine led to the desire to include a compost/yard waste facility in the Meadowmont development. At this time, however, the Town collects yard waste on a weekly schedule, in most cases, and such compost/yard waste facilities are not needed.

We believe that the combination of uses provided by the Town Park and Elementary School applications are consistent with the approved Meadowmont Master Land Use Plan. We also believe that the changes with regard to the greenway trail and compost/yard waste site are logical changes that will reduce impervious surface and land disturbance in the Resource Conservation District and the 100-year Floodplain. In summary, we believe that the Council could make the finding that this proposal is consistent with the approved Meadowmont Master Land Use Plan.

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 necessary findings, including consistency with the approved Meadowmont Master Land Use Plan.

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

SUBSEQUENT REGULATORY STEPS

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

1. Applicant accepts and records a Special Use Permit Modification 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. Final Plat, including access easement, is reviewed and approved by Town staff. Plat is recorded at the County Register of Deeds office.

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

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

RECOMMENDATIONS

Planning Board Recommendation: The Planning Board reviewed this application on November 6, 2001, and voted 8-0 to recommend that the Council approve Resolution A. The Board noted that if a pedestrian connection is approved to Lancaster Drive (as per Resolution A), that the Council should consider improvements and/or approaches along Lancaster Drive to mitigate safety issues related to pedestrian access. Please see the attached Summary of Planning Board Action.

Transportation Board Recommendation: The Transportation Board will review this application on November 20, 2001. We will provide a Summary of Action for the Council as soon as it is available.

Community Design Commission Recommendation: The Community Design Commission reviewed this application on October 24, 2001, and voted 10-0 to recommend that the Council approve Resolution A with the following conditions.

Ø Deletion of the stipulation requiring a restroom facility to be located on the Park site, with public water and sewer (the applicant had noted that a restroom facility for park patrons would be provided as part of the community gymnasium proposed on the Meadowmont Elementary School site).

Staff Comment: The revised Meadowmont Town Park plan does not include any vehicular or bicycle parking on the Park site. Consequently, illumination of parking spaces on the Park site is no longer an issue. Resolution A has been revised to include language requiring a Joint Use Agreement allowing Town Park patrons to utilize a restroom facility on the School site, in accordance with the applicant’s proposal. Consequently, we believe Resolution A represents the Design Commission’s recommendation, based on the revised application.

Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this application on November 13, 2001, and voted 7-0 to recommend that the Council approve Resolution A. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action.

Parks and Recreation Commission Recommendation: The Parks and Recreation Commission reviewed this application on November 14, 2001. We will provide the Summary of Parks and Recreation Commission Action to the Council as soon as it is available.

Greenways Commission Recommendation: The Greenways Commission reviewed this application on November 14, 2001. We will provide the Summary of Greenways Commission Action to the Council as soon as it is available.

Manager’s Preliminary Recommendation: Based on our evaluation of the application, our preliminary conclusion is that the application complies with standards and regulations of the Development Ordinance.

Following tonight’s Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application. If the Council makes the necessary required findings for the approval of a Special Use Permit Modification, we recommend that the application be approved with the adoption of Resolution A.

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

Attachments

14. Council Minutes, Meadowmont Park & School Resolution of Approval - July 3, 1997 (p. 42).

Attached for your consideration is an application for a Special Use Permit Modification (revised plans dated November 14, 2001) to allow the construction of a 70.45-acre Town Park with a picnic shelter, greenway trail, and pedestrian/hiking trails. The proposed park site is located in the northeastern portion of the Meadowmont development, north of the UNC-Chapel Hill Paul J. Rizzo Conference Center and Meadowmont Lane. The Chapel Hill Country Club is located west of the park site, while Lancaster Drive and the Oaks neighborhood are located north and east of the park site.

The site is located in the Residential-1 (R-1) zoning district. The site is located in both Orange County and Durham County, and is identified as Chapel Hill Township Tax Map 52, Lots 33 and 34.

We note that the Council granted expedited status for this application on February 26, 2001. The Concept Plan for this proposal was reviewed by the Community Design Commission on March 21, 2001.

On October 23, 1995, the Town Council approved a Master Land Use Plan for the Meadowmont development. The 1995 Master Land Use Plan identified a school and park facilities in the northeastern portion of the development. Subsequently, on July 3, 1997, the Town Council approved a Special Use Permit to develop a 70.2-acre site as a Town Park, and to reserve a 22.0-acre site for a future school site. In particular, the approved Special Use Permit included a 10-foot wide asphalt greenway trail, parking areas, several athletic fields, an outdoor basketball court, picnic areas, pedestrian/hiking trails, and a compost/yard waste site with an accessory building.

We note that the actual areas that have been platted by the Meadowmont master developer are slightly larger than previously indicated: Town Park (70.45 acres) and Elementary School (22.04 acres).

On August 24, 2001, the Chapel Hill-Carrboro School System submitted a Special Use Permit Modification for the 22.04-acre school site. This Town Park Special Use Permit Modification application is being considered concurrently with the Meadowmont Elementary School application, to release 22.04 acres for approval as a school site, and to shrink the boundaries of the Town Park approval to encumber the remaining 70.45 acres.

EVALUATION

We have reviewed this application for compliance with the standards of the Development Ordinance and Design Manual and offer the following evaluation.

Existing Conditions: The 70.45-acre park site is located in the northeastern portion of the Meadowmont development, north of the UNC-Chapel Hill Paul J. Rizzo Conference Center. Meadowmont Lane does not presently extend to the proposed park site. Construction of Meadowmont Lane has been approved however, as part of the Meadowmont Infrastructure Special Use Permit.

The proposed park site is generally flat, with a typical slope of 1 to 2 percent. Little Creek divides the park site from west to east, draining into a migratory waterfowl/wildlife sub-impoundment area located on the southeastern portion of the park site. The majority of the site is located in a United States Army Corps of Engineers Flowage Easement. Several federally regulated wetland areas are located both north and south of Little Creek.

The southern portion of the park site, near Meadowmont Lane, includes an existing man-made pond. This portion of the site has very different topography, with slopes ranging from 5 to 15 percent. There is an existing log cabin located on the west side of the pond.

The entire 70.45-acre site is located in the Town’s Watershed Protection District. The site includes 69.12 acres of land that are located in the Town’s Resource Conservation District (RCD). Of the 69.12 acres located in the RDC, 64.88 of these acres are located in the 100-year Floodplain.

Development Description: This Special Use Permit Modification application (as revised on November 14, 2001) proposes the construction of a picnic shelter, an 8-foot wide natural surface greenway, and 4-foot wide natural surface pedestrian/hiking trails (including 3 pedestrian bridges). The remainder of the site is proposed to remain open space.

We note that the application (plans dated October 8, 2001) that was reviewed by Town Advisory Boards, also included the following additional facilities on the parks site: a 26-space parking lot, an outdoor basketball court, and a compost/yard waste site with an accessory building. These facilities have since been deleted from the plan (see plans dated November 14, 2001). As noted in the attached memorandum, parking and an outdoor basketball court will be provided on the adjacent School site as part of a Joint Use agreement. The compost/yard waste site has been deleted due to a change in the Town’s yard waste collection program. Overall, these changes are proposed to significantly decrease the amount of impervious surface on the Town Park site, and reduce land disturbance in the Resource Conservation District (RCD) and 100-year Floodplain.

Intensity Standards: The proposed project meets the Development Ordinance’s standards for floor area, outdoor space and livability space, for the Residential-1 (R-1) zoning district.

Access and Circulation: A common entrance is proposed to provide access to both the School and Park sites from Meadowmont Lane. We note that although Meadowmont Lane has been approved by the Meadowmont Infrastructure Special Use Permit, and is slated for construction by the Meadowmont master developer, it has not been constructed to the School and Park sites at the present time. We believe that plans for this road must be submitted to and approved by the Town Manager prior to issuance of a Zoning Compliance Permit for this project. We recommend that these plans provide for the construction of Meadowmont Lane, including sidewalk on both sides of the street, from the existing terminus to the easternmost property corner of the Meadowmont Elementary School site’s street frontage. In addition, we believe that Meadowmont Lane needs to be constructed and open to the public, from its existing terminus to the easternmost property corner of the school site, prior to the issuance of a Certificate of Occupancy for the Town Park. We have included these stipulations in Resolution A.

The Meadowmont Infrastructure Special Use Permit has approved a greenway trail through the Park site. This greenway trail is to be constructed by the Meadowmont master developer. The trail will serve to provide pedestrian and bicycle access to the School and Park sites for Meadowmont residents. The trail generally runs through the Meadowmont Elementary School site and meanders along the southern border of the Park site.

The proposed Park has approximately 575 feet of frontage along Lancaster Drive, in the Oaks neighborhood. In accordance with the approved Meadowmont Master Land Use Plan and the 1997 Park/School Special Use Permit that was approved by the Town Council, the plat for this site has already been recorded with a “20-foot non-buildable access strip to nature trail” along the site’s Lancaster Drive frontage. This “non-buildable access strip” prevents vehicular access from Lancaster Drive to the Park site.

The 1997 Park/School Special Use Permit also included a stipulation that required the proposed nature trail to be continued to connect to Lancaster Drive. This required pedestrian connection to Lancaster Drive is shown on the plans dated November 14, 2001.

Vehicular Parking: The Town’s Development Ordinance does not provide a minimum parking space requirement for parks. In such instances, the Ordinance prescribes that “the minimum parking space requirement shall be determined by the Town Manager.” The applicant is not proposing to provide any vehicular parking spaces on the Park site. Alternatively, the applicant has indicated that vehicular parking for the Town Park site will be provided through a Joint Use Agreement with the School. We believe, given the joint nature of the neighboring Meadowmont Elementary School and the Town Park site, that this arrangement is appropriate. Resolution A includes a stipulation requiring that a Joint Use Agreement for Shared Vehicular Parking be approved by the Town Manager, and recorded with the Orange County Register of Deeds, prior to the issuance of a Zoning Compliance Permit.

Bicycle Parking: The applicant is not proposing to provide any bicycle parking spaces on the Park site. Alternatively, the applicant has indicated that bicycle parking for the Town Park will be provided through a Joint Use Agreement with the School. We believe, given the joint nature of the neighboring Meadowmont Elementary School and Town Park site, that this arrangement is appropriate. Resolution A includes a stipulation requiring that a Joint Use Agreement for Shared Bicycle Parking be approved by the Town Manager, and recorded with the Orange County Register of Deeds, prior to the issuance of a Zoning Compliance Permit.

Traffic Impact: The traffic impact for this Special Use Permit Modification application was addressed as part of the overall Traffic Impact Study for the entire Meadowmont development. The overall study was approved as part of the Master Land Use Plan, including the construction of Meadowmont Lane and required improvements to NC Highway 54. Accordingly, since the traffic impact from this development has previously been addressed, we have exempted the applicant from the Traffic Impact Analysis submittal requirement.

Bus Stops: The Town’s ‘V’ route presently provides bus service to the Meadowmont development. Since Meadowmont Lane has not been constructed to the Park site, we note that bus service does not extend to the Park at this time. We note that the Town annually reviews and considers possible modifications of existing bus routes and the possible addition of new routes. As part of this process, routing service to the proposed Park site will be reviewed on an annual basis.

We note that a stipulation has been included for the School site that would require a payment-in-lieu for a bus stop, including pad and shelter, on Meadowmont Lane.

Buffers and Landscaping: The Meadowmont Master Land Use Plan requires only perimeter buffers around the overall development. The applicant is proposing that existing vegetation would serve to fulfill the perimeter buffer requirements along the western, northern and eastern boundaries of the Town Park site. We believe that this proposal fulfills the perimeter buffer requirement.

We also recommend that a Landscape Protection Plan be prepared for this project. We recommend that the Landscape Protection Plan show the location of tree protection fencing along all construction limit lines. We have included a stipulation to this effect 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. We have included a stipulation to this effect in Resolution A.

Lighting Plan: We note that no site lighting is proposed as part of this development.

Watershed Protection District: The entire Meadowmont development is located within the Town of Chapel Hill’s Watershed Protection District. All developments in the Watershed Protection District are subject to one of two options, or a combination of options, to control non-point source and stormwater pollution. Applicants may choose to use either the Low Density Option or the High Density Option to satisfy the watershed protection regulations, in accordance with Section 10.5.2 of the Town’s Development Ordinance. The Low Density Option restricts impervious surface to 24% of gross land area. The High Density Option permits up to 50% impervious surface with controlled stormwater runoff from the first inch of rainfall.

The Meadowmont Master Land Use Plan identified portions of the overall development that are regulated by the Low Density Option and portions of the development that are regulated by the High Density Option. The Meadowmont Town Park site is located in a sub-basin that is regulated by the Low Density Option. There are several additional sites throughout the Meadowmont development that constitute the portion of the development that is regulated by the Low Density Option. These individual sites are not necessarily each subject to the 24% limit. However, the total impervious surface of all of these sites within the Low Density Option may not exceed 24% of the total land area covered by the Low Density Option.

The Meadowmont master developer is responsible for overseeing the distribution of impervious surface allocations to those individual sites that collectively comprise the area regulated by the Low Density Option. The applicant is requesting that a maximum of 10,142 square feet (0.23 acres) of impervious surface be allowed on this site. Accordingly, Resolution A includes a stipulation that limits the Park site to a maximum of 10,142 square feet (0.23 acres) of impervious surface, in accordance with the Low Density Option.

We have also included a stipulation in Resolution A that requires the Meadowmont Impervious Surface Monitoring Form to be updated by the developer, prior to the issuance of a Zoning Compliance Permit for this development, in order that we may continue to monitor the combined impervious surfaces of the overall Meadowmont development for compliance with the Low Density Option requirements.

Resource Conservation District: A total of 69.12 acres of this 70.45-acre development are located in the Town’s Resource Conservation District (RCD). Of the 69.12 acres located in the RCD, there are a total of 64.88 acres that are located in the 100-year Floodplain.

The applicant is proposing that the picnic shelter will be located in the portion of the Town’s Resource Conservation District that surrounds the existing man-made pond on the site. The 8-foot wide natural surface greenway trail and the 4-foot wide natural surface pedestrian/hiking trails (and 3 pedestrian bridges) will be located in the Resource Conservation District (RCD) and the 100-year Floodplain.

The Town’s Development Ordinance (Section 5.5.1) does allow parks and recreational uses “that do not require extensive use of fences or walls” in the Resource Conservation District. The Development Ordinance (Section 5.5.1) also allows play areas and parking lots and allows “street, bridges and other similar transportation facilities where there is a practical necessity to their location within the Resource Conservation District.” The Town’s Development Ordinance (Section 5.6) also prescribes standards for development in the Resource Conservation District, including the criteria that site plans “shall be designed to minimize adverse environmental and flooding effects” and that “land disturbing activity shall be kept to the minimum feasible.”

The proposed Town Park uses are permitted by the Town’s Resource Conservation District regulations, and are consistent with the uses indicated in the 1997 School/Park Special Use Permit that was previously approved by the Town Council. We continue to believe that the land disturbance and construction associated with the proposed recreational facilities is an appropriate use in the Resource Conservation District (RCD) and that land disturbance and adverse impacts have been minimized. We also believe the associated pedestrian bridges are practical necessities.

Stormwater Management: We have included a stipulation in Resolution A, requiring that a Stormwater Management Plan be approved prior to issuance of a Zoning Compliance Permit, if deemed necessary by the Town Manager.

Erosion Control: We recommend that an erosion control plan for the site be approved by the Orange County Erosion Control Officer and the Durham County Erosion Control Officer, and be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

Utilities: The applicant is not proposing to extend utilities to the Park site. Consequently, we have not included our standard stipulation in Resolution A requiring that detailed utility plans be reviewed and approved by OWASA, Duke Power Company, and other utility providers
prior to issuance of a Zoning Compliance Permit.

Fire Safety: We note that no new floor area is proposed to be constructed on the Town Park site (there is an existing log cabin near the pond). The picnic shelter is the only new structure that is proposed for construction on the Park site, and no floor area is associated with this covered area. A fire hydrant is proposed to be located on the School site, near the gym, approximately 350 feet away from the picnic shelter. We believe that this fire hydrant will be sufficient to provide fire protection for the Park site. We have included a stipulation in Resolution A requiring that a fire flow report for this fire hydrant on the School site, shall be submitted for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit for the Town Park.

Solid Waste Management Plan: We have also included our standard stipulation in Resolution A, requiring the approval of a Solid Waste Management Plan prior to issuance of a Zoning Compliance Permit.

Greenway Corridor: We note that the master developer, in accordance with the Meadowmont Infrastructure Special Use Permit, is required to construct a greenway trail along this site’s southern boundary. Although the general location of the greenway corridor has been determined, we do not have detailed construction information (exact trail location, grading, etc.) at this time. We recommend that when the specific greenway trail location has been determined and approved by the Town Manager, that the park site developer allow the greenway trail to be constructed on the park site. We have included a stipulation to this effect in Resolution A.

Miscellaneous: We have also included a stipulation in Resolution A requiring that no open burning associated with this development shall be permitted.

Special Use Permit Findings: For approval of a Special Use Permit or Special Use Permit Modification, the Council must make the following findings, as set forth in Section 18.2 of the Development Ordinance:

(a) That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare.

(b) That the use or development complies with all required regulations and standards of this chapter, including all applicable provisions of Articles 12, 13, and 14 and with all other applicable regulations.

(c) That the use or development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use or development is a public necessity;

(d) That the use or development conforms with the general plans for the physical development of the Town as embodied in this chapter and in the Comprehensive Plan.

In a typical Special Use Permit proceeding, the burden is on the applicant to present a case, demonstrating why the Council should make the four findings required for approval of a Special Use Permit. With Council approval of a conceptual Master Plan, however, if the Special Use Permit application is found to be consistent with the Master Plan, the burden regarding three of the four findings then shifts to those opposed to approval of the Permit. A “rebuttable presumption” is established that three of the findings can be made. The Council must only make the finding that the proposed development complies with all applicable sections of the Development Ordinance. Evidence will be presented at the Public Hearing for this application. If the Council decides that the evidence does not support making the fourth finding, or if evidence is presented which indicates the application is inconsistent with the Master Plan, then the application cannot be approved and accordingly should be denied by the Council.

Upon review of the application and information that has been submitted to date, our recommendation is that these findings can be made.

Special Use Permit Modification Application

MEADOWMONT TOWN PARK	STAFF EVALUATION
MEADOWMONT TOWN PARK	Compliance	Non-Compliance
Use Permitted	Ö
Min. Gross Land Area	Ö
Min. Lot Width	Ö
Max. Floor Area	Ö
Min. Outdoor Space	Ö
Min. Livability Space	Ö
Min. Recreation Space	N/A
Impervious Surface Limits	Ö
Min. # Parking Spaces	Ö
Min. # Loading Spaces	N/A
Min. # Handicap Spaces	Ö
Max. # Dwelling Units	N/A
Min. Street Setback	Ö
Min. Interior Setback	Ö
Min. Solar Setback	Ö
Max. Height Limit	Ö
Min. Landscape Buffers	Ö
Public Water and Sewer	Ö

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE MEADOWMONT TOWN PARK

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by the John R. McAdams Company, Inc., on property identified as Chapel Hill Township Tax Map 52, Lots 33 and 34, if developed according to the site plan dated November 14, 2001, and conditions listed below, would:

1. 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; and

2. Be consistent with the Meadowmont Master Land Use Plan that was approved on October 23, 1995.

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Modification for the Meadowmont Town Park in accordance with the plans listed above and with the conditions listed below:

1. That construction begin by November 26, 2003, and be completed by November 26, 2005.

2. Land Use Intensity: This Special Use Permit Modification authorizes the following construction of a picnic shelter, an 8-foot wide natural surface greenway trail, and a 4-foot wide natural surface pedestrian/hiking trail (with 3 pedestrian bridges and associated boardwalk sections).

3. Joint Use Agreement: That a Joint Use Agreement shall be established between the Town Park and the School regarding shared vehicular parking, shared bicycle parking, and a shared restroom facility for Park patrons. The Joint Use Agreement shall be approved by the Town Manager, and recorded with the Orange County Register of Deeds, prior to the issuance of a Zoning Compliance Permit.

4. Impervious Surface: That a maximum of 10,142 square feet (0.23 acres) of this site shall be covered by impervious surface. The developer shall also submit an updated Meadowmont Impervious Surface Monitoring Form reflecting the amount of impervious surface to be constructed on this site, prior to the issuance of a Zoning Compliance Permit, demonstrating compliance with the Low Density Option.

5. Construction of Meadowmont Lane: That detailed construction plans for the construction of Meadowmont Lane, including sidewalk on both sides of the street, from the existing terminus to the easternmost property corner of the School site’s street frontage shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit. In addition, Meadowmont Lane, from its existing terminus to the easternmost property corner of the school site, shall be completed and open to the public prior to the issuance of a Certificate of Occupancy for the park.

6. Town Standards: That all streets, parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards.

7. Bollards on Greenway Trail: That bollards be installed at the entrance of the greenway trail (at least one shall be lockable) in order to prevent vehicular access.

8. Pedestrian/Hiking Trail Boardwalk Sections: That the developer provide boardwalk sections for the nature trail, as determined necessary by the Town Manager.

9. Boundaries: That the boundaries of the Resource Conservation District be indicated on final plans. A note shall be added to all final plats and plans, indicating that “Development shall be restricted within the Resource Conservation District in accordance with the Chapel Hill Development Ordinance.”

10. Variances: That all variances necessary for development within the Resource Conservation District be obtained before application for final plan approval for the subject phase(s) of development.

11. Construction Standards: That for encroachment(s) into the Resource Conservation District, the requirements and standards of subsections 5.6 and 5.8 of the Development Ordinance must be adhered to, unless the application is granted administrative exemptions from sub-section 5.8. Permitted encroachments include, but are not limited to:

12. Wetlands: That any proposed disturbance of wetlands shall demonstrate compliance with applicable State and Federal regulations.

13. State or Federal Approvals: That any required State or federal permits or encroachment agreements be approved by the appropriate agencies and copies of the approved permits and agreements be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit for the development.

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

15. Building Elevations: That the Community Design Commission shall approve the building elevations for the site, prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to Stormwater Management & Erosion Control

16. Stormwater Management Plan: That a Stormwater Management Plan shall be approved prior to issuance of a Zoning Compliance Permit, if deemed necessary by the Town Manager.

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

18. Fire Flow: That a fire flow report, for the fire hydrant located on the adjacent School site near the gym, shall be prepared by a registered professional engineer. The fire flow report shall show that flows meet the minimum requirements of the Design Manual, and shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Solid Waste & Recycling Stipulations

19. 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.

Greenway, Maintenance & Access Easement Stipulations

20. Greenway Corridor Easement: That when the specific location of the greenway trail has been determined by the master developer and approved by the Town Manager, the park developer will allow the greenway trail to be constructed on the park site.

21. Recorded Plat: That a plat shall be recorded indicating all easements on this site, prior to the issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

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

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

23. 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.

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

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

26. Construction Sign Required: That the applicant shall post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit. The construction sign may have a maximum of 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.

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

28. 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 Modification for the Meadowmont Town Park.

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE MEADOWMONT TOWN PARK

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by John R. McAdams Company, Inc., on property identified as Chapel Hill Township Tax Map 52, Lots 33 and 34, if developed according to the site plan dated November 14, 2001, and conditions listed below, would not:

1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, and

4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

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 Modification for the Meadowmont Town Park.

A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE MEADOWMONT TOWN PARK (2001-11-19/R-1)

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 Modification for the Meadowmont Town Park, 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: