AGENDA #6
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Public Hearing: Wachovia Bank at Meadowmont – Application for Special Use Permit Modification
DATE: November 19, 2001
INTRODUCTION
This application proposes a modification of the Council’s February 2001 approval of a Special Use Permit for a bank. The key change proposed is that the allowable number of parking spaces be increased.
The application for a Special Use Permit Modification has been filed by GGA Architects, on behalf of Wachovia Bank, to allow construction of a one-story building with 4,125 square feet of floor area. The site is located at the northeast corner of NC Highway 54 and Barbee Chapel Road, in the Meadowmont Development. The application is following an expedited review process as authorized by the Town Council on May 7, 2001.
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: · Cover Memorandum: Introduces application, describes process for review, summarizes staff and advisory board comments, and offers recommendations for Council action. · Staff Report: Offers a detailed description of the site and proposed development, and presents an evaluation of the application regarding its compliance with the standards and regulations of the Development Ordinance. Due to the expedited schedule for this project, the original staff report, dated January 16, 2001, is attached. · Attachments: Includes a checklist of requirements for this development, resolutions of approval and denial, advisory board comments, and the applicant’s materials. |
PROCESS
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.
The standard for review and approval of a Special Use Permit Modification 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 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.
In this case, a Special Use Permit was approved in February 2001 with a condition that the applicant has since found to be unsatisfactory (limiting parking spaces to 14). The applicant filed this application for approval of a Modification of the Special Use Permit, and requested that the Council grant expedited processing status for the application, on the grounds that little was proposed for change. We reported to the Council that the schedule proposed by the applicant was achievable only because no new reports or evaluations would be required. Accordingly, we have not written a new Staff Report, but instead attach here our January 2001 report.
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.
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 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. We note that as part of the approve of the Special Use Permit application for this site, the Town Council determined contiguous property for this application to be defined as those properties adjacent to this site.
The 1.6-acre site is located at the northeast corner of NC Highway 54 and East Barbee Chapel Road, in the Meadowmont Development. The Cedars Retirement Community is located to the north of the property. The proposed development is located in the Residential-5-Conditional (R-5-C) zoning district.
Existing Conditions: Most of the site slopes (10-15%), away from the property’s NC Highway 54 frontage toward the northern and eastern property lines. The high point (elevation 296 feet) is near the NC 54 Highway and East Barbee Chapel Road corner of the site. Most of the site drains to a low point (elevation 270 feet) along the northern property line. The site has a tree canopy of pines, oaks, with an under story of young hardwoods and cedars. Approximately thirteen specimen trees, including beech, hickory, and several oaks with diameters in excess of 20 inches are scattered within the site.
Development Description: This proposal calls for construction of a one-story Wachovia Bank branch with 4,150 square feet of floor area, a drive-through with an Automatic Teller Machine (ATM) and two teller stations. The applicant is proposing 25 parking spaces. Vehicular access is proposed to be from an access point on East Barbee Chapel Road approximately 300 feet north of NC Highway 54.
This application for a Special Use Permit Modification has been submitted pursuant to the Master Land Use Plan for the Meadowmont development.
A Special Use Permit, approved by the Town Council on February 12, 2001, presently encumbers the proposed development site. A copy of the Resolution adopted by the Town Council on February 12, 2001, is attached. A key stipulation in this approval limited the developer to a maximum of 14 parking spaces.
This requested modification includes the following:
· The applicant is proposing 25 parking spaces (31 parking spaces were proposed in the previous Special Use Permit application; 14 were approved).
· The applicant has included a bio-retention area along the eastern boundary of the proposed parking lot.
· The applicant is offering to contribute $25,000 to the Orange Community Housing and Land Trust to help promote development of affordable housing (please see attached letter).
On January 16, 2001, the Town Council held a Public Hearing on the Special Use Permit application for a Wachovia Bank on this site. As part of this Public Hearing, we submitted an evaluation of the Special Use Permit application for this site, with regard to its compliance with the standards and regulations of the Development Ordinance. Given the limited changes proposed as part of this Special Use Permit Modification application, we believe that the evaluation submitted at the Council Public Hearing on January 16, 2001, is still relevant and applicable for this development proposal. The attached Planning Staff Report from January 16, 2001 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 (allowing a maximum of 14 parking spaces). We believe the proposal conforms to the Comprehensive Plan.
Tonight the Council receives our attached evaluation, and also receives information from 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.
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:
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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. |
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 (Finding #2), 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.
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:
Parking Spaces: The minimum parking requirement for a bank at this location is one parking space per 350 square feet of floor area. Based on the bank’s proposal for a 4,125 square foot facility, the bank is required to provide a minimum of 12 parking spaces. The applicant is proposing 25 parking spaces.
We note that the Council has adopted a policy stating its expectation that parking in new developments shall not exceed the minimum number of required spaces plus 10% (or 110% of the minimum). In this case, the Council’s policy would provide that the maximum number of parking spaces allowed for this development would be 14 spaces.
On February 12, 2001, the Council approved a Special Use Permit application for this site, which limited the applicant to a maximum of 14 parking spaces.
Staff Comment: Our analysis indicates that a reduction in the proposed parking (25 spaces) may be appropriate. We continue to recommend 14 parking spaces in Resolution A, based on the Council’s policy regarding parking in new developments shall not exceed the minimum number of required spaces plus 10%. We note that the applicant has previously submitted supporting documentation to justify the need for additional parking on this site; and, that this information is included in the attached Planning Staff Report. The Council has the ability to modify this policy, and/or decide that the general policy should not be applied on this specific site, and choose to adjust the total parking spaces based on what the Council concludes is appropriate for this site.
Bio-retention: The applicant has proposed a bio-retention area along the eastern boundary of the proposed parking lot.
Staff Comment: We are pleased to see the proposal include a bio-retention facility and have included a stipulation in Resolution A addressing this facility.
The Meadowmont Master Land Use Plan indicated a 27,500 square foot office/commercial development at this location. The approved Master Land Use Plan also included a public street between East Barbee Chapel Road and the Lloyd property along the northern edge of this site. Proposed access to the site, as shown on the approved Master Land Use Plan, was from this public street. The submitted plan differs from the approved Master Land Use Plan in several respects. Two differences, the public street connection to the Lloyd property and the proposed land use, are discussed below.
Regarding the public street connection to the Lloyd property, the Council’s approval of the Infrastructure Special Use Permit included relocation of the proposed public street, between East Barbee Chapel Road and the Lloyd property, further north and away from this site. This change requires the applicant to access the development from East Barbee Chapel Road.
A second difference between the 1995 Master Plan and this Special Use Permit application relates to allowable uses and floor area on the site. The Town Council discussed restricted uses and limited floor area for this site during consideration of the Meadowmont Infrastructure Special Use Permit application. The Meadowmont developer, during the Infrastructure Special Use Permit Hearing, agreed to reduce the floor area on this site (originally shown on the Master Plan as 27,000 square feet) by 19,000 square feet. The developer also agreed to restrict the use of the site to a 4,000 square foot bank with a drive-through and 4,000 square feet of office space. This action was undertaken by the developer in an effort to reduce overall trip generation from Meadowmont by approximately 25%. As described above, this proposal now includes a bank with a total of 4,150 square feet. We believe this is consistent with the Master Plan.
Please see the attachment from the applicant describing additional similarities and differences between the Master Plan and this development application. The Council considered this question in February, with the previous application, and found that the use and site plan proposed were consistent with the Master 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 Master Land Use 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 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:
· Orange Water and Sewer Authority,
· Duke Power Company,
· Public Service Company, and
· BellSouth.
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 November 6, 2001, and voted 7-1 to recommend that the Council approve this application for a Special Use Permit Modification with the adoption of Resolution B. Please see the attached Summary of Planning Board Action.
Resolutions B and C include the following two recommended conditions of the Planning Board:
· That the two parking bays consisting of seven compact spaces be combined into a single bay of six spaces and be shifted to the east, such that the westernmost space does not back into the drive aisle that accesses the bank’s front entrance for a total of 24 parking spaces.
Staff Comment: Our analysis indicates that a reduction in the proposed parking (25 spaces) may be appropriate. We continue to recommend 14 parking spaces in Resolution A, based on the Council’s policy regarding parking in new developments shall not exceed the minimum number of required spaces plus 10%. We note that the applicant has previously submitted supporting documentation to justify the need for additional parking on this site; and, that this information is included in the attached Planning Staff Report. The Council has the ability to modify this policy and choose to adjust the total parking spaces based on what the Council feels is appropriate.
· That the pedestrian/bicycle path from this site to The Cedars Retirement Community be deleted from the plans.
Staff Comment: We continue to recommend, with the adoption of Resolution A, that the pedestrian/bicycle path to The Cedars be provided as indicated on the applicant’s plan and required with the February, 2001 Special Use Permit approval. We believe a pedestrian connection at this location would be appropriate given the nature of the Meadowmont Development as a walkable, mixed use development.
Resolutions A, B and C include the following recommendation of the Planning Board:
· That additional landscaping be required along the northern border of the site.
Staff Comment: The northern border of the site abuts The Cedars Retirement Community. According to the Meadowmont Master Plan, landscape buffers are not required to separate the bank development from The Cedars. Accordingly, this application did not provide a landscape buffer along the northern property line. However, we continue to believe it would appropriate and keeping with good site design for the applicant to provided a 20 foot wide Type “C” landscape bufferyard between the proposed bank and the adjacent development along the entire northern property line. Resolutions A, B, and C include a stipulation to this affect.
Transportation Board Recommendation: The Transportation Board will review this application on November 20, 2001. We will provide a Summary of Action for the Council on November 26, 2001.
Community Design Commission: The Commission reviewed this application on October 24, 2001, and voted 10-0 to recommend approval of the Special Use Permit Modification application with the adoption of Resolution C. The Summary of the Community Design Commission Action is attached.
Resolutions A, B and C include the following recommendation of the Community Design Commission:
· That additional landscaping be required along the northern border of the site.
Staff Comment: The northern border of the site abuts The Cedars Retirement Community. According to the Meadowmont Master Plan, landscape buffers are not required to separate the bank development from The Cedars. Accordingly, this application did not provide a landscape buffer along the northern property line. However, we continue to believe it would appropriate and keeping with good site design for the applicant to provided a 20 foot wide Type “C” landscape bufferyard between the proposed bank and the adjacent development along the entire northern property line. Resolutions A, B, and C include a stipulation to this affect.
Resolutions B and C include the following two recommendations of the Community Design Commission:
· That the two parking bays consisting of seven compact spaces be combined into a single bay of six spaces and be shifted to the east, such that the westernmost space does not back into the drive aisle that accesses the bank’s front entrance for a total of 24 parking spaces.
Staff Comment: Our analysis indicates that a reduction in the proposed parking (25 spaces) may be appropriate. We continue to recommend 14 parking spaces in Resolution A, based on the Council’s policy regarding parking in new developments shall not exceed the minimum number of required spaces plus 10%. We note that the applicant has previously submitted supporting documentation to justify the need for additional parking on this site; and, that this information is included in the attached Planning Staff Report. The Council has the ability to modify this policy and choose to adjust the total parking spaces based on what the Council feels is appropriate.
· That the pedestrian/bicycle path from this site to The Cedars Retirement Community be deleted from the plans.
Staff Comment: We continue to recommend, with the adoption of Resolution A, that the pedestrian/bicycle path to The Cedars be provided as indicated on the applicant’s plan and required with the February, 2001 Special Use Permit approval. We believe a pedestrian connection at this location would be appropriate given the nature of the Meadowmont Development as a walkable, mixed use development.
Resolution C includes the following recommendation of the Community Design Commission:
· That the intersection of the center drive aisle (along the bank’s front entrance) and the drive-through, be revamped to eliminate the possibility of departing drive-through traffic turning left into the center drive aisle (thus forcing drive-through traffic to depart the site by going through the easternmost drive aisle).
Staff Comment: We have not included this recommendation in Resolution A, the Manager’s Preliminary Recommendation. We do not believe it is necessary to make parking lot revisions to adjust drive-through vehicular movements departing the site. We note that we have included stipulations in all resolutions of approval requiring the applicant to install a stop sign at the end of the drive-through lane and to include pedestrian crossing signs at both internal crosswalks.
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 approval of the Special Use Permit Modification application with adoption of Resolution D. Please see the attached Summary of Bicycle and Pedestrian Board Action.
Resolution D includes the following three recommendations of the Bicycle and Pedestrian Advisory Board:
· That a walk-up Automatic Teller Machine be provided on the property, in addition to the drive-up Automatic Teller Machine, in order to promote pedestrian safety.
Staff Comment: We note that during the Special Use Permit Public Hearing in January, the applicant stated a desire to not install a pedestrian accessible automatic teller machine (ATM). We note the proposal includes an ATM; however it is designed for automobile drive-through and may not be entirely appropriate for pedestrian walk-ups.
In making our recommendation, we have relied on the applicant’s experience with banking facilities for decisions about how to provide banking services. Additionally, we do not believe it is within the Council’s regulatory ability to require the installation of a second automatic teller machine for pedestrian traffic. Resolution A does not include a stipulation requiring a pedestrian accessible automatic teller machine.
· That the pedestrian/bicycle path from this site to The Cedars Retirement Community be deleted from the plans.
Staff Comment: We continue to recommend, with the adoption of Resolution A, that the pedestrian/bicycle path to The Cedars be provided as indicated on the applicant’s plan and required with the February, 2001 Special Use Permit approval. We believe a pedestrian connection at this location would be appropriate given the nature of the Meadowmont Development as a walkable, mixed use development.
· That all internal crosswalks shown on the site plan shall be raised in order to slow vehicle speed.
Staff Comment: We believe the striped crosswalks, as proposed by the applicant will adequately accommodate the movement of bicyclists/pedestrian traffic inside the proposed development. We do not anticipate that this proposal will generate high pedestrian traffic. We also do not expect a speeding problem inside the proposed parking lot. We note that in response to this same concern raised at the January Public Hearing on the original Special Use Permit application, conditions were included in the February 2001 approval to require that the applicant install a stop sign at the end of the drive-through lane and to include pedestrian crossing signs at both internal crosswalks. Resolution A continues to include these conditions.
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 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 A specifies a maximum of 14 parking spaces.
Resolution E would deny the application.
Resolution F would determine the definition of contiguous property for this application.
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ISSUE |
Resolution AManager’s Preliminary Recommendation |
Resolution BPlanning Board Recommendation |
Resolution CCommunity Design Commission Recommendation |
Resolution DBicycle and Pedestrian Advisory Board Recommendation |
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Maximum Number of parking spaces |
14 Spaces |
24 Spaces with redesign at northern property line |
24 Spaces with redesign at northern property line |
14 Spaces |
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Provide pedestrian connection to The Cedars |
Yes |
No |
No |
No |
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Raised internal crosswalks |
No, stop signs and pedestrian crossing signs only |
No, stop signs and pedestrian crossing signs only |
No, stop signs and pedestrian crossing signs only |
Yes |
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Require additional landscaping along north property line |
Yes |
Yes |
Yes |
* |
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Parking lot revision to adjust drive-through movement departing the site |
No |
* |
Yes |
* |
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Require pedestrian accessible automatic teller machine |
No |
* |
* |
Yes |
*Issue was not discussed at this particular advisory board’s meeting.
1. Staff Report dated January 16, 2001 (p. 14).
2. Checklist of Project Fact Sheet Requirements (p. 24).
3. Resolution A – Approving the Application (p. 25).
4. Resolution B – Approving the Application (p. 33).
5. Resolution C – Approving the Application (p. 34).
6. Resolution D – Approving the Application (p. 35).
7. Resolution E – Denying the Application (p. 36).
8. Resolution F – Defining Contiguous Property for this Application (p. 37).
9. Summary of Planning Board Action (p. 38).
10. Summary of Community Design Commission Action (p. 39.)
11. Summary of Bicycle and Pedestrian Advisory Board Action (p.40).
12. Applicant’s Statement of Justification (p. 41).
13. Applicant’s Description of Consistency to Master Plan (p. 46).
14. Project Fact Sheet (p. 48).
15. Letter from Bonnie O’Quinn Welborn, Wachovia Orange County Executive Vice President, October 9, 2001 (p. 50).
16. Letter from Judson and Persis Van Wyk, September 24, 2001 (p. 52).
17. Wachovia Bank Special Use Permit Resolution dated February 12, 2001 (p. 54).
18. Reduced Plans (p. 61).
ATTACHMENT 1
PLANNING STAFF REPORT
SUBJECT: Public Hearing: Wachovia Bank at Meadowmont – Special Use Permit Application
(File No. 479-1-1B)
DATE: January 16, 2001
INTRODUCTION
We have received an application for a Special Use Permit for construction of a 4,150 square foot single story bank including 31 parking spaces and three drive-through lanes. The 1.6-acre property is within the Meadowmont development in the Residential-5-Conditional (R-5-C) zoning district, and the Watershed Protection District.
On October 23, 1995, the Town Council approved a Master Land Use Plan for the Meadowmont development. The plan proposed a mix of residential, office, and commercial uses on the 435-acre site. The Master Plan identifies this site as office/commercial use. Pursuant to that Master Plan approval, this application for a Special Use Permit has been submitted.
Comparison to Master Land Use Plan: The Meadowmont Master Land Use Plan indicated a 27,500 square foot office/commercial development at this location. The approved Master Land Use Plan also included a public street between East Barbee Chapel Road and the Lloyd property along the northern edge of this site. Proposed access to the site, as shown on the approved Master Land Use Plan, was from this public street. The submitted plan differs from the approved Master Land Use Plan in several respects. Two differences, the public street connection to the Lloyd property and the proposed land use, are discussed below.
Regarding the public street connection to the Lloyd property, the Council’s approval of the Infrastructure Special Use Permit included relocation of the proposed public street, between East Barbee Chapel Road and the Lloyd property, further north and away from this site. This change requires the applicant to access the development from East Barbee Chapel Road.
A second difference includes an agreement by the Meadowmont Developer to reduce the approved floor area on this site (27,000 square feet) by 19,000 square feet. The developer also agreed to restrict the use of the site to a 4,000 square foot bank with a drive through and 4,000 square feet of office space. This action was undertaken by the developer in an effort to reduce overall trip generation from Meadowmont by approximately 25%. The Town Council discussed this floor area reduction during consideration of the Meadowmont Infrastructure Special Use Permit.
Please see the attached letter from the applicant describing additional similarities and differences between the Master Plan and this development application.
The Town staff has reviewed this application for comparison with the standards of the Development Ordinance and the Design Manual and offers the following evaluation.
Existing Conditions: The site is at the northeast corner of the NC Highway 54 /East Barbee Chapel Road intersection. Most of the 1.6-acre site slopes (10-15%), away from the street frontage of the site toward the northern and eastern property lines. The high point (elevation 296 feet) is near the NC Highway 54 /East Barbee Chapel Road corner of the site. Most of the site drains to a low point (elevation 276) along the northern property line. The site has a tree canopy of pines, oaks, with an under story of young hardwoods and cedars. Approximately thirteen specimen trees, including beech, hickory and several oaks with diameters in excess of 20 inches are scattered within the site.
The property lies entirely within Durham County. The Cedars Retirement Community abuts the site to the north. East Barbee Chapel Road borders the property on the west. NC Highway 54 abuts the site to the south. Across East Barbee Chapel Road is the Meadowmont Apartment development. To the east is the Lloyd farm and homestead.
Development Description: The proposal calls for construction of a Wachovia Bank branch with 4,150 square feet of floor area and 31 parking spaces. Vehicular access is proposed to be from an access point on East Barbee Chapel Road approximately 300 feet north of NC Highway 54.
Intensity Standards: The applicant’s Project Fact Sheet indicates that the proposal would meet all land use intensity standards for the Residential-5-Conditional zoning district. The maximum floor area for an independent, stand-alone site of this size would be 11,634 square feet. The applicant proposes 4,150 square feet of floor area. The minimum required open space on this lot is 55,342 square feet; the applicant proposes 67,723 square feet. The minimum required livability space on this lot is 38,092 square feet; the applicant proposes 47,068 square feet.
This site includes a portion of the eastern exterior boundary of the Meadowmont development, and as such is subject to specific Master Plan requirements including a building/parking setback of 40 feet, and a landscape buffer width of 20 feet. The site also includes a portion of the Meadowmont Master Plan 54 Highway Entranceway buffer and bikeway/pedestrian path. The proposal respects these standards specific to the Meadowmont Master Land Use Plan.
The proposal calls for impervious surface of about 39%.
Land Use: During the 1997 Public Hearing on the Meadowmont Infrastructure Special Use Permit the Meadowmont developer agreed, in response to Council’s concerns with traffic volumes, to restrict the use of this site to a two story structure with a 4,000 square foot bank and drive through on the first floor and 4,000 square feet of office space on the second floor. The Council understood that the Meadowmont developer would submit to the Town Manager an application to modify the approved Master Land Use Plan and limit the land use and floor area of this site as stated.
On March 22, 1999, a Modification to the Master Land Use Plan was approved. The approval reduced and restricts the land use on this site, as well as on five other sites within the Meadowmont development. We recommend that the use of this development be restricted to the proposed bank with a drive-through. We have included a stipulation to this effect in Resolution A.
Access and Circulation: Vehicular access is proposed to be provided via an access point off East Barbee Chapel Road approximately 300 feet north of NC Highway 54. This access is proposed as a “full- movement” access permitting left turning movements into and out of the site. A center turn lane on East Barbee Chapel Road will allow southbound traffic to queue in the roadway before turning into the site.
A public sidewalk is located along the East Barbee Chapel Road frontage and a 10-foot wide bikeway/pedestrian path is under construction along the NC 54 Highway frontage. Pedestrian sidewalks are proposed to extend into the site from East Barbee Chapel Road and from the Cedars Retirement Community.
We recommend, and the applicant has agreed, that the parking lot be designed and constructed to Town standards. We have included in Resolution A a stipulation to this effect.
We also recommend that the refuse/recycling service vehicle routes be heavy-duty pavement, with a 10-inch base course. We have include in Resolution A a stipulation to this effect.
In addition to the bicycle/pedestrian path along NC Highway 54, bike lanes are included in the East Barbee Chapel Road cross-section. A bike rack is proposed at the northeast corner of the building. We recommend that this development comply with the Design Manual standards for location and design of bicycle parking facilities. A stipulation to that effect is included in Resolution A.
Parking: The minimum-parking requirement for a bank at this location is 1 parking space per 350 square feet of floor area. Based on the bank’s proposed floor area the minimum number of parking spaces required for this development is 12. The applicant is proposing 31 parking spaces. We believe that a reduction in the proposed parking may be appropriate.
We note that the Council has stated its expectation that parking in new developments not exceed 110% of the minimum parking spaces requirement provided in the Development Ordinance. In this case, that would mean limiting parking to 14 spaces.
In response to the Council’s expectations and comments from the Community Design Commission on excessive parking spaces, the applicant has provided the following additional information in order to justify the additional parking spaces. This information is summarized below:
Table 1
Employees and anticipated Customer Parking Needs
(Information submitted by applicant)
Employee and anticipated Customers Parking Spaces
5 bank tellers + 4 customers = 9
4 customers waiting to see tellers = 4
1 branch Manager + 1 customer = 2
1 service representative + 1 customer = 2
5 personal bankers + 5 customers = 10
2 handicapped parking spaces = 2
4 customer parking = 4 .
Total number of parking spaces based on
Above anticipated employees/customers = 33
Number of spaces proposed by applicant = 31
(Information submitted by applicant)
Bank Address No of Spaces/Available Parking
BB&T 143 E. Rosemary St. 9 (Public parking available)
1406 E. Franklin St. 25
Bank of 1805 Chapel Hill Blvd. 27
America 1201 B Raleigh Blvd. Storefront
137 E. Franklin St. Public parking available
100 Banks Dr. 57
951 Willow Dr. 17 (Near Univ. Mall Parking)
CCB 1775 Dobbins Dr. 16
201 S. Estes Dr 32
121 W. Franklin St. 21 (In Univ. Square)
100 Carolina Meadows In retirement community
750 Weaver Dairy Rd. In retirement community
Centura 101 E Rosemary St. 18 (Public parking available
841 Willow Dr. 12 (Near Univ. Mall)
(Information submitted by applicant)
Bank Address No of Spaces/Available Parking
First Citizens 1650 E. Franklin St. Public parking available
134 E. Franklin St. 18 (Public parking available)
First Union 201 S. Estes Dr. 28
100 E. Franklin St. Public parking available
Hillsborough 1406 E. Franklin St. 21
State Employees 1010 S. Hamilton Rd. 46
Credit Union 110 S. Elliott Rd. 31
Wachovia 165 E. Franklin St. Public parking available
101 Banks Dr. 38
Estes Dr. & Willow Dr. 23 (Near Univ. Mall)
After reviewing the information submitted by the applicant we continue to believe that a reduction in the number of proposed parking spaces may be appropriate.
We note of the twenty-four banks in Chapel Hill identified by the applicant, only five have as many or more parking spaces that the 31 proposed by the applicant. We also note that the average number of parking spaces, of the 17 facilities with parking, is 25 spaces.
We also believe that the comparison to existing banking facilities is not a compelling argument supporting the 31 spaces proposed by this applicant. We anticipated that the proposed pedestrian, bicycle improvements and future mass transit amenities of the Meadowmont community, would result in a reduced number of vehicular trips to this site.
By reducing the number of parking spaces, the applicant could reduce built-upon parking area and preserve more existing vegetation. We believe this could result in greater buffers to the surrounding land uses. We also believe that the reduction of parking spaces along the northern and/or eastern portions of the site would provide a greater opportunity for the applicant to install bio-retention facilities.
Following the Town Council’s policy on parking, we recommend that the number of parking spaces for this project be reduced to a maximum of 14 spaces. We recommend that at a minimum the eight parking spaces along the northern portion of the site be eliminated. We also recommend, that additional parking spaces along the eastern portion of the site be removed, if necessary, in order to install a bio-retention facility. We have included a stipulation to that effect in Resolution A.
Traffic Impact: The Traffic Impact Study for this Special Use Permit application corresponds with the overall Traffic Impact Study for the entire Meadowmont development. The overall study was approved as part of the Master Land Use Plan, and calls for several improvements to NC 54. The overall study assumed office and retail development, as well as residential units, in the section of Meadowmont north of NC 54.
The applicant’s Traffic Impact Analysis for this proposal assumes that the Council-approved improvements to NC 54 would be in place, including widening the NC 54 to a 6-lane facility from Burning Tree Drive to Barbee Chapel Road, and that Meadowmont Lane would be a 4-lane drive. Meadowmont Lane has been completed up to the Rizzo Center. Substantial portions of the NC 54 improvement are complete. Resolution A requires that all NC 54 improvements required by the Council for the Meadowmont development either be finished or bonded before the proposed development is occupied.
The analysis describes conditions at the signalized NC Highway 54 intersections at Barbee Chapel Road. The analysis indicates that this intersection will in the future operate at Level of Service B at the p.m. peak hour and Level of Service C at the a.m. peak hour. Please see the attached Traffic Impact Analysis Summary submitted by the applicant. The applicant, in the attached Traffic Impact Analysis, indicates that this development will generate 1,110 vehicle trips per 24-hour period.
We believe the applicant’s Traffic Impact Analysis is acceptable.
We have also included a stipulation in Resolution A that a Transportation Management Plan be developed by the applicant and approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that the plan be updated and approved on an annual basis. A Transportation Management Plan is a plan for minimizing single-occupancy vehicle travel to a particular development. The plan also sets forth employee incentives for the use of alternative transportation, such as transit and ridesharing.
Highway 54 Entranceway Corridor: This application contains a section of the Entranceway Corridor open space. Beginning at the northeast corner of East Barbee Chapel Road and Highway 54, this area extends eastward along Highway 54 for approximately 300 feet, terminating at the western property line of the Lloyd property. The area is approximately 50 feet deep and is relatively flat. A portion of the NC 54 bikeway and pedestrian path is under construction adjacent to and outside this corridor.
The approved Master Land Use Plan requires the following for this area of Meadowmont:
· a plan defining an entranceway corridor identifying those area of the site where structures would be visible from Highway 54;
· a set of design guidelines that set forth principals which shall be followed and met for structures, including surface parking lots, within the entranceway corridor;
· that planting be provided, meadows be restored and existing vegetation preserved along the highway frontage in general compliance with the Town’s Master Landscape Plan for Entranceway Corridors along Highway 54; and
· a 50-foot “D” type landscape buffer.
In response the Meadowmont developer submitted three documents; Design Guidelines, Entranceway Corridor Design Guidelines, and Design Guidelines, Plans and Details. These documents were approved by the Council as part of the applicant’s 1997 Infrastructure Special Use Permit application. We note that the approved Entranceway Corridor Design Guidelines document includes the following design guidelines for this section of the NC 54 Corridor:
We recommend that the final planting plan for the NC 54 Corridor be reviewed and approved by the Town Manager. We note that additional plantings may be needed in this area as the final plans are developed and we recommend that this be noted at this time.
We have included a stipulation in Resolution A that requires a type “D” 50-foot landscape buffer be adjacent to the highway.
Buffers and Landscaping: The vegetation clearing plan, a component of the approved Meadowmont Master Land Use Plan, indicated that up to 85-100% of the vegetation might be cleared in this portion of Meadowmont.
According to the Meadowmont Master Plan landscape buffers are not required to separate this development from adjacent Meadowmont developments. However, the eastern property line comprises part of the Meadowmont development exterior boundary. A Type “C” landscape buffer (20 feet minimum width) is required at this location. The applicant proposes a 20-foot Type “C” buffer along the eastern property line.
We also note that in addition to the 20-foot buffer along the eastern property line the Meadowmont Master Plan requires a 40-foot building and parking setback line. The applicant proposes a 40-foot setback along the eastern property line. We believe the 40-foot setback should be preserved as a 40-foot landscape bufferyard. We have included a stipulation to this effect in Resolution A.
As previously stated the site also includes a portion of the NC 54 Highway Entranceway buffer. The applicant proposes to supplement existing vegetation in this buffer area with evergreen shrubs.
Screening and shading of the proposed parking lot is required. We have included in Resolution A stipulations that address the shading and screening requirements.
We note that this site includes a 15-inch oak and 15-inch hickory tree between East Barbee Chapel Road and the proposed building. The submitted site plan notes that these trees “may be removed at the developers discretion.” We believe that these trees are worth preserving. We recommend that the developer and the Town’s Urban Forester evaluate these trees during construction and attempt to preserve them. A stipulation to that affect is included in Resolution A.
We recommend that a Landscape Protection Plan include the location of all clearing limit lines. We further recommend that the plans show the scaled critical root zones of all trees to be retained adjacent to construction. We also recommend that the plan include all significant trees within 100 feet of off-site grading on the adjacent Cedars site. We recommend that a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
Watershed Protection District: The Meadowmont development is located within the Town of Chapel Hill’s Watershed Protection District. All development in the Watershed Protection District is subject to one of two options, or a combination of options, to control non-point source and stormwater pollution. An applicant may choose to use either the Low Density Option or the High Density Option (listed in Section 10.5.2 of the Development Ordinance) to satisfy the watershed protection regulation. 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 watershed sub-basins areas of both low and high-density development. Sub-basins identified as high-density development would have a limit of 50% impervious surface coverage, and would be required to drain to a retention pond. Individual developments within each sub-basin would not necessarily be subject to the 50% limit. However, the total impervious surface area, of all developments within individual high-density sub-basins, may not exceed 50% of the sub-basin’s total land area.
This application is located within the 70.4-acre high-density sub-basin Area 5 of Meadowmont. This sub-basin includes Crosland Apartments, the east half of the Village Center, a portion of the Meadowmont Townhomes, UNC Wellness Center and the southern half of the Cedars Retirement Community. The retention pond for this sub-basin is located within the Cedars Retirement Community. The approved pond design will accommodate the stormwater retention/detention requirements for this site.
The Meadowmont developers, with previous development proposals, submitted a tally sheet showing that impervious surface in the high-density portion of Meadowmont will not exceed 50% impervious surface, thus meeting the high-density requirements. We will continue to monitor the combined impervious surfaces for compliance with the high-density option requirements.
We have also included several stipulations regarding watershed protection that were included in the Meadowmont Master Land Use Plan, as well as our standard stipulation that a Stormwater Management Plan be approved for this development prior to issuance of a Zoning Compliance Permit.
Stormwater Management: We believe that an opportunity may exist for the applicant to provide bio-retention features on this project to intercept runoff from impervious areas. As previously stated we believe the removal of parking spaces along the northern property line may create an appropriate area for a bio-retention facility. Although we believe that this location may be suitable for bio-retention, we recommend that during the review of the Final Plans the Town Manager reviews and determines the suitability of this area of the site for a bio-retention facility.
We recommend that, if the Council approval stipulates the removal of the proposed parking spaces along the northern property line and the Town Manager determines that the site is suitable for a bio-retention facility that the Final Plans include a proposal for a bio-retention facility in this area. We recommend that additional parking spaces along the eastern property line be removed, if deemed necessary by the Town Manager, in order to enhance and/or accommodate this bio-retention facility. We have included this stipulation in Resolution A.
We recommend that a detailed stormwater management plan be submitted to the Town Manager for review and approval prior to issuance of a Zoning Compliance Permit. We have this stipulation in Resolution A.
Solid Waste Management: The applicant proposes private collection service. We recommend that any drive aisles that may be used by service vehicles be constructed of heavy-duty pavement. We also recommend that a Solid Waste Management Plan be developed for review and approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
We have included these stipulations in Resolution A.
Utilities: The applicant proposes all utility lines to be underground. Utility providers have indicated that they can serve the site. We recommend that the final detailed utility/lighting plans be reviewed and approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth or GTE, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.
Fire Safety: We have included our standard stipulation that a fire flow report, prepared by a registered professional engineer, and showing that flows meet the minimum requirements of the Design Manual, be approved prior to issuance of a Zoning Compliance Permit. We recommend that the fire hydrant connections be installed on the street side of buildings in easily visible and accessible locations to be approved by the Town Manager.
Erosion Control: The Town Council recently amended the Town Code as it relates to erosion control. In general terms, the amendment states that if one acre or more is uncovered by land-disturbing activities for a project, a performance guarantee shall be required in accordance with Section 5-97.1 of the Town Code of Ordinances, and that the guarantee shall be required prior to issuance of any permit to begin land-disturbing activity. We note that the purpose of this financial guarantee is to cover the restoration of failed or failing soil erosion and sedimentation generated by the land-disturbing activities. We recommend that this development provide this performance guarantee. We recommend that the approval include a stipulation calling for the plans to be reviewed for approval by the Orange County Erosion Control Officer prior to issuance of a Zoning Compliance Permit. We have included this stipulation in Resolution A.
Special Use Permit Findings: For approval of a Special Use Permit or Special Use Permit Modification, the Council is required to make findings based on 1) public health, safety and general welfare, 2) compliance with the town’s development regulations and standards, 3) the value of contiguous property and 4) the physical development of the Town.
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 town 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.
We believe that the proposal, with conditions in Resolution A, meets the requirements of the Development Ordinance that the proposal is generally in accordance with the Meadowmont Master Land Use Plan.
Resolutions A, B, C, and D would approve the application with conditions.
Resolution E would deny the application.
ATTACHMENT 2
PROJECT FACT SHEET REQUIREMENTS
Check List of Regulations and Standards
Special Use Permit Modification Application
STAFF EVALUATION |
||
WACHOVIA AT MEADOWMONT |
COMPLIANCE |
NONCOMPLIANCE |
|
Use Permitted |
Ö |
|
|
Minimum Gross Land Area |
Ö |
|
|
Minimum Lot Width |
Ö |
|
|
Maximum Floor Area |
Ö |
|
|
Minimum Outdoor Space |
Ö |
|
|
Minimum Livability Space |
Ö |
|
|
Minimum Recreation Space |
NA |
|
|
Impervious Surface Limits |
Ö |
|
|
Minimum # Parking Spaces |
Ö |
|
|
Minimum # Loading Spaces |
Ö |
|
|
Minimum # Handicapped Spaces |
Ö |
|
|
Maximum # Dwelling Units |
Ö |
|
|
Minimum Street Setback |
N/A |
|
|
Minimum Interior Setback |
N/A |
|
|
Minimum Solar Setback |
N/A |
|
|
Maximum Height Limit |
Ö |
|
|
Minimum Landscape Bufferyards (applicable on eastern & southern property line only) |
Ö |
|
|
Public Water and Sewer |
Ö |
|
N/A = Not Applicable
Prepared: October 16, 2001
ATTACHMENT 3
RESOLUTION A
(Manager’s Preliminary Recommendation)
A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE WACHOVIA BANK AT MEADOWMONT (SUP 479.1.1B)
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 Wachovia Bank, on property identified as Durham Township Tax Map 479-1-1B, if developed according to the plans dated July 27, 2000 (revised May 31, 2001), the Meadowmont Master Land Use Plan, and the 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, with the modifications listed below; and
2. Be consistent with the Meadowmont Master Land Use Plan that was approved on October 23, 1995.
BE IT FURTHER RESOLVED that these findings are conditioned on the following:
Stipulations Specific to the Development
1. That construction begin by November 26, 2003 (two years from the date of Council approval) and be completed by November 26, 2004 (three years from the date of Council approval).
2. Land Use Intensity: This Special Use Permit authorizes the following:
· 1 building, with a maximum of 4,150 square feet of floor area; and
· A maximum of 14 parking spaces.
3. Land Use: That the use of this development be restricted to a bank with a drive-through facility.
4. Land Use Intensity and Impervious Surface Calculations: That the applicant provide calculations confirming Meadowmont’s overall compliance with Land Use Intensity Ratios and Impervious Surface Limits.
5. Eastern Boundary of the Meadowmont Development: That buildings and parking shall be at least 40 feet from the eastern property line. A 40-foot wide Type C landscape buffer shall be provided along the eastern property line.
6. Heavy Duty Pavement: That a heavy-duty pavement with a 10-inch base course be installed along the refuse/recycling service vehicle routes.
7. Sidewalk Connection to The Cedar Retirement Community: That, sidewalk connection from The Cedars Retirement Community shall be located in line with the walkway along the eastern edge of the bank. The final location shall be reviewed and approved by the Town Manager.
8. Stop Sign and Pedestrian Crossing Signs: That a stop sign shall be installed at the end of the drive-through lane. Pedestrian crossing signs shall be installed at both internal crosswalks.
9. No Parking Signs: That signage shall be installed informing bank customers that parking in The Cedars Retirement Community is prohibited while conducting bank business.
10. Bike Racks: That the bicycle parking area for this development shall comply with the Town’s Design Manual.
11. Parking:
A. That no more that 14 parking spaces be provided.
B. Parking Area Screening: That all parking areas be screened from public road view, and that screening plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
C. Parking Lot Design and Construction: That all parking lots shall be designed and constructed to meet Town standards unless an alternate design is approved by the Town Manager.
12. East Barbee Chapel Road Bus Stops: That a segment of the eight foot wide tree lawn between the sidewalk and the street curb, adjacent to the two future East Barbee Chapel Road bus stops, be paved. Final design and dimensions shall be reviewed and approved by the Town Manager.
13. Permanent Retention Basin Installation:
A. That the required off-site stormwater retention pond serving this site be in place prior to the issuance of a Certificate of Occupancy.
B. Compliance with the Town Watershed Protection District regulations shall be demonstrated with the provision of permanent pond. Permanent stormwater retention shall be required in accordance with the requirements of the Development Ordinance.
C. The size, accessibility, location, and design of said pond shall be approved by the Town Manager.
D. The off-site wet retention pond shall meet or exceed the North Carolina Division of Environmental Management requirements and shall be designed so as to be approved by the Division of Environmental Management, the North Carolina Division of Water Quality, the Army Corps of Engineers, and the Town Manager.
E. A performance bond or other surety instrument satisfactory to the Town, shall be posted in an amount approved by the Town Manager, to assure maintenance, repair, or reconstruction necessary for adequate performance of the engineered stormwater controls.
F. The Owners’ or Homeowners’ Association shall be responsible for arranging for annual inspections of said pond by an appropriately certified engineer, to determine whether the pond and associated structures are operating acceptably according to design requirements, and to report findings of said inspections to the Town Manager, with such recommendations for maintenance or repair as may be warranted. Any needed repairs shall be completed within 120 days unless otherwise approved by the Town Manager. Restrictive covenants shall be recorded which shall identify these responsibilities of the Owners’ or Homeowners’ Association, including pond maintenance.
G. Maintenance of the pond shall be the responsibility of the applicant or a property/homeowners’ association. A maintenance plan shall be provided for each of the retention ponds, to be approved by the Town Manager. The plans shall address inspection, maintenance intervals, type of equipment required, access to each pond, and related matters.
H. As part of the application for Final Plan Approval, the applicant shall provide an up-to-date cumulative total of impervious surfaces within the sub-basin.
I. The minimum permanent pool depth of the off-site retention pond shall be at least three (3) feet in addition to enough volume to store the accumulated sediment between clean out periods.
J. All sediment deposited in the pond during construction activity on contributing sites must be removed before “normal” pond operation begins.
K. Emergency drains shall be installed in the off-site pond to allow access for repairs and sediment removal as necessary.
L. Anti-seepage collars shall be used on any structures penetrating dams or water retaining embankments.
M. Public storm drainage systems, or other utilities, shall not be located within a pond or dam structure.
N. No ponds shall be created within the perimeter landscape buffer required for Meadowmont development.
O. That the off-site pond be located and designed such that damage to existing large trees can be minimized.
P. That the off-site retention pond and outlets be contained within stormwater drainage easements and that maintenance access with easements be provided prior to issuance of a Certificate of Occupancy.
14. Ownership and Responsibilities of Common Areas:
A. That an owners’ association be created for the maintenance and regulation of the private (residential, office, park, landscape, and commercial) areas including privately maintained streets and alleys. All property owners owning land within the area of the Master Land Use Plan approval, excluding governmental bodies, shall be represented in the owners’ association. This owners’ association shall have maintenance responsibilities for commonly owner development elements, which affect the entire development including the stormwater management facilities.
B. In addition, a separate owners association shall be created for the maintenance and regulation of the residential, office, and commercial areas. The documents creating these entities shall be reviewed for approval by the Town Manager, and shall be recorded in the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit.
C. The responsibilities of these entities shall include the ownership and maintenance of the private alleys, private green spaces, private parks and recreation space, private retention and detention basins, and the landscape buffers.
D. These entities shall also be responsible for an “add-on fees” charged by Duke Power for special street lighting.
E. These entities shall have the ability to place a lien on property for nonpayment of dues or fees.
Stipulations Related to Landscape Elements
15. Landscape Buffers: The following buffers shall be provided; if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation will be protected by fencing from adjacent construction:
A. Type “C” landscape buffer (20 feet minimum width) along the northern property line.
B. Type “C” landscape buffer (40 feet minimum width) along the eastern property line. Existing vegetation shall be supplemented with evergreen shrubs and trees as necessary to fulfill landscape buffer planting requirements.
C. Type “D” landscape buffer (50 feet minimum width) along the Highway NC 54 frontage. That planting be provided, and existing vegetation preserved along the Highway frontage in general compliance with the Town’s Master Landscape Plan for Entranceway Corridors along Highway 54. A streetscape plan, demonstrating compliance with the Master Landscape Plan for Entranceway Corridors, shall be submitted for Town Manager review and approval. That the applicant provide additional information as part of the final plan review process including detailed elevations from Highway 54 for consideration by the Community Design Commission.
D. The landscape buffer plan shall be reviewed for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
16. Landscape Protection Plan:
A. That the removal of the 15-inch oak and 15-inch hickory trees, between East Barbee Chapel Road and the proposed building, shall be reviewed and approved by the Town’s Urban Forester. The Town Manager shall determine if additional grading techniques and or minor site design modifications are necessary if order to preserve one or both trees.
B. That a complete and accurate tree survey of all trees within 100 feet of any proposed off-site grading and be provided with the first submittal of Final Plans. That an accurate tree and vegetation survey of the NC 54 Entrance Corridor be provided with the first submittal of Final Plans
C. That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan shall include areas of vegetation to be preserved; the anticipated clearing limit lines; proposed grading; proposed utility lines a detail of protective fencing; and construction parking and materials storage/staging areas. The plan shall show the use of tree protection fencing, unless alternate protection measures are approved by the Town Manager, between construction and existing vegetation.
D. That the plan indicates the critical root area (1 foot radius for every inch caliper dbh) for the large trees adjacent to construction areas.
E. No erosion control devices shall be allowed within the designated tree preservation or landscape buffers areas.
17. Landscape Plan: That a detailed landscape plan and landscape maintenance plan be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. Detailed final plans shall include demonstration that parking lot shading and screening requirements will be met.
Stipulations Related to Building Elevations
18. Building Elevations/Site Lighting: That the detailed building elevations and lighting plan be approved by the Community Design Commission prior to issuance of a Zoning Compliance Permit.
19. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth or GTE, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.
20. Placement of Utility Lines Underground: That the final plans indicate that all utility lines shall be placed underground.
21. Fire Flow: That a fire flow report, prepared by a registered professional engineer, and showing that flows meet the minimum requirements of the Design Manual, be approved prior to issuance of a Zoning Compliance Permit.
22. Fire Hydrant Locations: That the fire hydrant connections be installed on the street side of buildings in easily visible and accessible locations to be approved by the Town Manager.
23. A contribution of $25,000 to the Orange Community Housing and Land Trust shall be made prior to issuance of a Zoning Compliance Permit.
24. Stormwater Management Plan: That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on a 25-year storm, the post-development stormwater run-off rate should not exceed the pre-development rate. The plan must show how stormwater detention for this site will be achieved. Design and construction of any stormwater management facility shall be approved by the Town Manager.
25. Stormwater Management Plan Review for The Cedars Retirement Community: That the stormwater management between this development and The Cedars Retirement Community be coordinated during final plan review for the Cedar’s and this development.
26. Off-Site Construction Easements: That all required off-site construction easements shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
27. 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.
28. 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.
29. Solid Waste Management Plan: That a detailed solid waste management plan, including a recycling plan and a plan for managing and minimizing construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
30. Refuse and Recycling Collection: That the refuse and recycling collection services be private.
31. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans, stormwater management plans (with hydrologic calculations), and landscape plans and landscape maintenance plans be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans conform to the plans approved by this application and demonstrate compliance with all applicable conditions and the design standards of the Development Ordinance and the Design Manual.
32. Plant Rescue: That the developer consider conducting plant rescue activities on the site prior to initiation of development activity.
33. Certificates of Occupancy: That no Certificates of Occupancy be issued until all required public improvements are completed; and that a note to this effect shall be placed on the final plat.
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.
34. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit.
35. Erosion Control Performance Bond: That a performance guarantee be provided in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.
36. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
37. 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 phone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.
38. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above
39. 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 Special Use Permit Modification application for the Wachovia Bank at Meadowmont.
This the _____ day of__________, 2001.
ATTACHMENT 4
RESOLUTION B
(Planning Board Recommendation)
A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE WACHOVIA BANK AT MEADOWMONT (SUP 479.1.1B)
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 Wachovia Bank, on property identified as Durham Township Tax Map 479-1-1B, if developed according to the plans dated July 27, 2000 (revised May 31, 2001), the Meadowmont Master Land Use Plan, and the 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, with the modifications listed below; 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 Wachovia Bank at Meadowmont in accordance with the plans listed above and with the conditions listed below:
1. Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulations below.
2. Change to Parking Lot Layout at Northern Property Line: That the two parking bays consisting of seven compact spaces be combined into a single bay of six spaces and be shifted to the east, such that the westernmost space does not back into the drive aisle that accesses the bank’s front entrance for a total of 24 parking spaces.
3. Adjusted Stipulations: Change the parking space reference in stipulation #2 (second bullet) to allow a maximum of 24 parking spaces.
4. Deleted Stipulations: Remove stipulation # 7.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit Modification application for the Wachovia Bank at Meadowmont.
This the _______ day of ___________, 2001.
ATTACHMENT 5
RESOLUTION C
(Community Design Commission Recommendation)
A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE WACHOVIA BANK AT MEADOWMONT (SUP 479.1.1B)
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 Wachovia Bank, on property identified as Durham Township Tax Map 479-1-1B, if developed according to the plans dated July 27, 2000 (revised May 31, 2001), the Meadowmont Master Land Use Plan, and the 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, with the modifications listed below; 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 Wachovia Bank at Meadowmont in accordance with the plans listed above and with the conditions listed below:
1. Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulations below.
2. Change to Parking Lot Layout at Northern Property Line: That the two parking bays consisting of seven compact spaces be combined into a single bay of six spaces and be shifted to the east, such that the westernmost space does not back into the drive aisle that accesses the bank’s front entrance for a total of 24 parking spaces.
3. Change to Parking Lot Layout for Drive-Through Vehicle Movement: That the intersection of the center drive aisle (along the bank’s front entrance) and the drive-through, be revamped to eliminate the possibility of departing drive-through traffic turning left into the center drive aisle (thus forcing drive-through traffic to depart the site by going through the easternmost drive aisle).
4. Adjusted Stipulations: Change the parking space reference in stipulation #2 (second bullet) to allow a maximum of 24 parking spaces.
5. Deleted Stipulations: Remove stipulation # 7.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit Modification application for the Wachovia Bank at Meadowmont.
This the ______ day of __________, 2001.
ATTACHMENT 6
RESOLUTION D
(Bicycle and Pedestrian Advisory Board Recommendation)
A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE WACHOVIA BANK AT MEADOWMONT (SUP 479.1.1B)
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 Wachovia Bank, on property identified as Durham Township Tax Map 479-1-1B, if developed according to the plans dated July 27, 2000 (revised May 31, 2001), the Meadowmont Master Land Use Plan, and the 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, with the modifications listed below; 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 Wachovia Bank at Meadowmont in accordance with the plans listed above and with the conditions listed below:
1. Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development, unless modified or superseded by those stipulations below.
2. Internal Driveways: That the internal crosswalk to The Cedars Retirement Community to the north and the internal crosswalk through the drive-through lane be raised to slow vehicle traffic.
3. Pedestrian Accessible Automatic Teller Machine: That the design of the bank include a pedestrian accessible automatic teller machine.
4. Deleted stipulations: Remove stipulation #7.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit Modification application for the Wachovia Bank at Meadowmont.
This the _____ day of _________, 2001.
ATTACHMENT 7
RESOLUTION E
(Denying the Application)
A RESOLUTION DENYING A SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE WACHOVIA BANK AT MEADOWMONT (SUP 479.1.1B)
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 Wachovia Bank, on property identified as Durham Township Tax Map 479-1-1B, if developed according to the plans dated July 27, 2000 (revised May 31, 2001), the Meadowmont Master Land Use Plan, and the conditions listed below, would not:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;
3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Council finds:
(INSERT ADDITIONAL REASONS FOR DENIAL)
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the Special Use Permit Modification application for the Wachovia Bank at Meadowmont.
This the _____day of __________, 2001.
ATTACHMENT 8
RESOLUTION F
(Defining Contiguous Property)
A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT MODIFICATION APPLICATION FOR THE WACHOVIA BANK AT MEADOWMONT (2001-11-19/R-2)
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 Wachovia Bank at Meadowmont, 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 19th day of November, 2001.