AGENDA #10b
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT:Meadowmont Town Park – Application for Special Use Permit Modification
DATE: November 26, 2001
INTRODUCTION
Tonight the Council continues the Public Hearing from November 19, 2001, regarding the Special Use Permit Modification application to authorize construction of a Town Park. Adoption of Resolutions A, B, C or D would approve the Special Use Permit Modification application with conditions. Adoption of Resolution E would deny the request. Adoption of Resolution F would direct the Manager to report to the Council regarding traffic conditions following completion of pedestrian trail connection to Lancaster Drive.
We note that a Special Use Permit was approved for a 92-acre Town Park and School site in 1997. This application is for a Special Use Permit Modification to shrink the boundaries of the 1997 approval to a 70.45-acre Town Park site, and to release 22.04 acres of the original site for an elementary school. This Town Park development application is accompanied by a concurrent application for an Elementary School Special Use Permit Modification (please see separate memorandum).
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This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:
¨ Cover Memorandum: Provides background information on the development proposal and the Town’s review process, presents evidence in the record thus far in support of and in opposition to approval of the application, and offers recommendations for Council action.
¨ Attachments: Includes resolutions of approval and denial, comments on issues raised during the November 19, 2001 Public Hearing, and a copy of the Public Hearing memorandum and its related attachments.
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BACKGROUND
On November 19, 2001, a Public Hearing was held for consideration of a Special Use Permit Modification application (as revised with plans dated November 14, 2001) that 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. The 70.45-acre park site, which is adjacent to a future Elementary School, is located on Meadowmont Lane, north of the Meadowmont Wellness Center and the UNC-Chapel Hill Paul J. Rizzo Conference Center. 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. We note that on November 19, the Council determined that contiguous property would be defined as those properties that are within 1,000 feet of this site.
This is an application for a Special Use Permit Modification. 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 regarding its compliance with the standards and regulations of the Development Ordinance; we have presented a report to the Planning Board; and on November 19, we submitted our report and recommendation to the Council.
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.
The standard for review and approval of a Special Use Permit Modification application involves consideration of four findings of fact that the Council must consider for granting a Special Use Permit. However, in the case where a Special Use Permit Modification is requested for a parcel of land covered by an approved and valid Master Land Use Plan, and the proposed development is consistent with the Master Land Use Plan, then a “rebuttable presumption” shall be established that the Council can make three of the four findings of fact (findings a), c) and d) as defined in Section 18.3 of the Town’s Development Ordinance) required for a Special Use Permit Modification.
Evidence was presented on November 19th and additional evidence may 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 findings, then the application cannot be approved and accordingly should be denied by the Council.
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Master Plan Finding: That the use or development is in accordance with the approved Meadowmont Master Land Use Plan.
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We believe the evidence in the record to date can be summarized as follows:
Evidence in support: The Meadowmont Master Land Use Plan indicated that the combined Park and School sites would include a school, parking lots, four athletic/play fields, an outdoor basketball court, a 10-foot asphalt greenway trail, a picnic shelter, a compost/yard waste site, and pedestrian/hiking trails. The submitted Park application (70.45 acres) provides the following facilities anticipated in the northern/northeastern portion of the original Park and School site: an 8-foot wide natural surface greenway trail, a picnic shelter, and 4-foot wide natural surface pedestrian/hiking trails. The submitted Park application also proposes to provide three (3) athletic/play fields and an outdoor basketball court on the adjacent School site, through a joint use agreement between the Town and the School.
We believe the proposal is generally consistent with the Master Plan and a “rebuttable presumption” can be established by the Council for three of the four findings of fact (findings a), c) and d) as defined in Section 18.3 of the Development Ordinance) that are required for approval of a Special Use Permit Modification.
Evidence in opposition: The Meadowmont Master Land Use Plan included stipulations regarding the construction of a greenway trail, and identified a compost/yard waste facility on the Park site. These items are further discussed separately:
Greenway Trail: 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 Town Park application proposes that the greenway trail would be constructed as an 8-foot wide natural surface trail that would continue eastward to the Town Park’s pond/amenity area.
Compost/Yard Waste 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. The Compost/Yard Waste facility and accessory building are not proposed to be constructed as part of this Town Park Special Use Permit Modification.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
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Development Ordinance Finding: 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.
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We believe the evidence in the record to date can be summarized as follows:
Evidence in support: Evidence in support of this finding for the application has been provided by the applicant’s Statement of Justification (provided as an attachment to the November 19th Public Hearing memorandum).
Evidence in opposition: No one who spoke at the Public Hearing offered evidence in opposition.
We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
We believe that the key issues brought forth during the November 19, 2001 Public Hearing were related to pedestrian trail access to Lancaster Drive and the proposed park facilities (currently proposed versus those originally proposed by the master developer). We have provided a list of issues raised during the Hearing, followed by responses from the Town Manager, as an attachment to this memorandum.
Recommendations are summarized below.
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 reviewed this application on November 20, 2001, and voted 5-0 to recommend that the Council approve the application with conditions. Please see that attached Summary of Transportation Board Action.
Resolution B includes the following condition of approval as recommended by the Transportation Board.
Staff Comment: We believe that the 100 external bicycle parking spaces proposed in the concurrent School development application provide adequate parking for all athletic/playfields, the gym and the outdoor basketball court, as proposed in the School site plan. Accordingly, we believe that additional bicycle parking spaces are not needed on the Town Park site.
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 That bicycle parking spaces for the Town Park shall not be illuminated.
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, and voted 7-0 to recommend that the Council approve the application with conditions. Please see the attached Summary of Parks and Recreation Commission Action.
The following conditions of approval were recommended by the Parks and Recreation Commission, and are not included in Resolution A. These conditions of approval are included in Resolution C.
Staff Comment: We note that the applicant’s revised application (as revised with plans dated November 14, 2001) does not include any parking spaces on the Town Park site. Per Resolutions A and B, a Joint Use Agreement is required, allowing Town Park users to utilize parking spaces on the School site. Resolution C includes a stipulation that a smaller six (6) car parking lot be constructed at the end of the access drive on the Town Park site, with two handicap accessible spaces, and four regular parking spaces.
Staff Comment: We note that the majority of the Park’s facilities, including three athletic/playfields, a community gym, and an outdoor basketball court, are located on the School site, per the plans revised on November 14, 2001. Consequently, all of these facilities are accessible by the Meadowmont Greenway Trail (for users coming from the south) and/or the School parking lot located between the community gym and outdoor basketball court and the pedestrian/hiking trail. We believe that the potential use of the School’s emergency access paved fire lane during school hours would be difficult to achieve. In particular, the School has indicated that a written agreement allowing park patrons to use the paved emergency access drive around the school during school hours is not desirable, due to concerns regarding the safety of schoolchildren. For these reasons, we have not incorporated this stipulation in Resolution A. We have included this stipulation in Resolution C.
Greenways Commission Recommendation: The Greenways Commission reviewed this application on November 14, 2001, and voted 4-0 to recommend that the Council approve the application with conditions. Please see the attached Summary of Greenways Commission Action.
The following conditions of approval were recommended by the Greenways Commission, and are not included in Resolution A. These conditions of approval are included in Resolution D.
Staff Comment: Please see our comments above (Parks and Recreation Commission recommendation). We also reiterate (from above) that the School has indicated that a written agreement allowing public use of the paved emergency access drive around the school during school hours is not desirable, due to concerns regarding the safety of schoolchildren. For these reasons, we have not incorporated this stipulation in Resolution A. We have included this stipulation in Resolution D.
We also note that the paved Greenway Trail, as it arrives on the School site from the south, will be ADA-accessible. In addition, the School has stated that the paved access drive around the School will be ADA-accessible.
Manager’s Recommendation: Based on our evaluation of the application, our recommendation is that, with the stipulations in Resolution A, the application complies with the standards and regulations of the Development Ordinance, and is consistent with the approved Master Land Use Plan. Accordingly, we continue to recommend that the application be approved with the adoption of Resolution A.
Resolution B would approve the application as recommended by the Transportation Board.
Resolution C would approve the application as recommended by the Parks and Recreation Commission.
Resolution D would approve the application as recommended by the Greenways Commission.
Resolution E would deny the application.
Resolution F would ask the Manager to provide a report regarding traffic conditions on Lancaster Drive, 3-6 months after the completion of the Park’s pedestrian connection to Lancaster Drive.
1. List of Issues Raised during the November 19, 2001 Public Hearing (p. 18).
2. Meadowmont Park Location Map (p. 20).
3. Summary of Transportation Board Action (p. 21).
4. Summary of Parks and Recreation Commission Action (p. 22).
5. Summary of Greenways Commission Action (p. 23).
6. November 19, 2001 Public Hearing Memorandum and Related Attachments (begin new page 1).
RESOLUTION A
(Planning Board,
Community Design Commission,
Bicycle and Pedestrian Advisory Board and
Manager’s Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE MEADOWMONT TOWN PARK (2001-11-26/R-17a)
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. 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;
4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan; and
5. 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:
Stipulations Specific to the Development
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.
Stipulations Related to Required Improvements
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. Location of Pedestrian/Hiking Nature Trail Connection to Lancaster Drive: That the proposed point of connection between the Nature Trail and Lancaster Drive, as shown on the plans dated November 14, 2001, may be field-adjusted to another point along the Park’s Lancaster Drive frontage, prior to the issuance of a Zoning Compliance Permit.
9. Pedestrian/Hiking Trail Boardwalk Sections: That the developer provide boardwalk sections for the nature trail, as determined necessary by the Town Manager.
Stipulations Related to the Resource Conservation District and Wetlands
10. 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.”
11. 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.
12. 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:
- Street crossings;
- Pedestrian/bicycle paths along and over the streams;
- Compost/yard waste sites;
- Wet detention basin/stormwater management facilities;
- Utility lines; and
- Surface Parking.
13. Wetlands: That any proposed disturbance of wetlands shall demonstrate compliance with applicable State and Federal regulations.
Stipulations Related to State and Federal Approvals
14. 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.
Stipulations Related to Landscape Elements
15. 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.
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.
Stipulations Related to Fire Protection/Fire Safety
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.
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.
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.
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.
This the 26th day of November, 2001.
RESOLUTION B
(Transportation Board Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE MEADOWMONT TOWN PARK (2001-11-26/R-17b)
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. 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;
4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan; and
5. 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:
Stipulations Specific to the Development
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. Bicycle Parking at Greenway Trail and Nature Trail: That a bicycle rack providing parking for 6 bicycles shall be provided on the Town Park site, at the intersection of the Meadowmont Greenway Trail and the Pedestrian/Hiking Nature Trail.
3. Bicycle Parking at Lancaster Drive and Nature Trail: That a bicycle rack providing parking for 6 bicycles shall be provided on the Town park site, at the intersection of the Pedestrian/Hiking Nature Trail and Lancaster Drive.
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.
This the 26th day of November, 2001.
RESOLUTION C
(Parks & Recreation Commission Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE MEADOWMONT TOWN PARK (2001-11-26/R17c)
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. 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;
4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan; and
5. 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:
Stipulations Specific to the Development
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. Six (6) Space Parking Lot: That a (6 car) parking lot shall be constructed off of the entrance drive with two handicap accessible spaces, and four regular parking spaces.
3. Joint Use Agreement for Emergency Access Drive: That a Joint Use Agreement shall be established between the Town Park and the School regarding use of the emergency access drive by park patrons, and be recorded with the Orange County Register of Deeds, prior to the issuance of a Zoning Compliance Permit.
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.
This the 26th day of November, 2001.
RESOLUTION D
(Greenways Commission Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE MEADOWMONT TOWN PARK (2001-11-26/R-17d)
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. 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;
4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan; and
5. 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:
Stipulations Specific to the Development
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. Joint Use Agreement for Emergency Access Drive: That a Joint Use Agreement shall be established between the Town Park and the School regarding use of the emergency access drive by park patrons, and be recorded with the Orange County Register of Deeds, prior to the issuance of a Zoning Compliance Permit.
3. Greenway Trail/Emergency Access Drive Design: That the greenway trail and school’s emergency access drive shall be designed to resemble a seamless, continuous path. The trail, fire lane, and bridge shall be designed to meet all ADA and AASHTO requirements for construction of a joint pedestrian and bicycle path.”
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.
This the 26th day of November, 2001.
RESOLUTION E
(Denying the Application)
A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE MEADOWMONT TOWN PARK (2001-11-26/R-17e)
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;
4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan; and
5. Be consistent with the Meadowmont Master Land Use Plan that was approved on October 23, 1995.
BE IT FURTHER RESOLVED that the Council finds:
(INSERT REASONS FOR DENIAL)
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for a Special Use Permit Modification for the Meadowmont Town Park.
This the 26th day of November, 2001.
RESOLUTION F
(Pedestrian Connection Report to Council)
A RESOLUTION DIRECTING THE TOWN MANAGER TO REPORT TO THE COUNCIL REGARDING TRAFFIC CONDITIONS FOLLOWING COMPLETION OF PEDESTRIAN TRAIL CONNECTION TO LANCASTER DRIVE (2001-11-26/R-17f)
WHEREAS, a pedestrian connection from the Meadowmont Town Park is likely to increase pedestrian traffic along Lancaster Drive; and
WHEREAS, existing residents of homes on and near Lancaster Drive have expressed concern about negative impacts that might accompany such a pedestrian connection from the Park to Lancaster Drive;
NOW, THEREFORE, BE IT RESOLVED that the Chapel Hill Town Council directs the Town Manager to prepare a report to the Council within 3-6 months following the completion of the Park’s pedestrian connection to Lancaster Drive, to provide a report on traffic conditions (vehicular, bicycle and pedestrian) along Lancaster Drive.
BE IT FURTHER RESOLVED that the Council directs the Manager to mail notice of such report to all property owners within 1,000 feet of the intersection of the pedestrian trail and Lancaster Drive.
This the 26th day of November, 2001.
ATTACHMENT 1
MEADOWMONT TOWN PARK
Issues Raised at the November 19, 2001 Public Hearing
The following issues were raised at the November 19 Public Hearing:
1. A Council member asked for a comparison of the 1997 Meadowmont Park facility and the proposed 2001 Meadowmont park facility.
Staff Comment: Please see the separate memorandum from the Town’s perspective as owner/applicant for this proposal, which compares the two site plans.
2. Several Council members and citizens discussed issues and requested additional information regarding the Pedestrian/Hiking Nature trail connection that is proposed from the Meadowmont Town Park to Lancaster Drive. These issues are as follows:
(A) Accidents at Comparable Greenway Trail/Public Street Connections
(B) Distance between Lancaster Drive and Park Facilities
(C) Safer Location for Trail Connection to Lancaster Drive
(D) Options Regarding Improved Safety on Lancaster Drive
(E) Initiating a Separate Process to Address Lancaster Drive Safety Concerns
Each issue is discussed separately below.
(A) Accidents at Comparable Greenway Trail/Public Street Connections
Staff Comment: We have reviewed Town Police records collected over the past 13 months for pedestrian accidents that have occurred in the vicinity of the intersections of public streets and Town greenway/trail connections. In particular, we reviewed such pedestrian connections for the Bolin Creek Greenway Trail, the Booker Creek Trail, and the Estes Hills Elementary School and Phillips Middle School Neighborhood Trails. We note that no pedestrian accidents have occurred at such locations during the past 13 months.
(B) Distance between Lancaster Drive and Park Facilities
Staff Comment: We provide the following approximate distances (following proposed trails), from Lancaster Drive to various Park facilities:
From Lancaster Drive to:
Picnic Shelter 1,950 feet (0.34 miles)
Parking Lot 1,800 feet (0.37 miles)
Outdoor Basketball Court (on School site) 1,900 feet (0.36 miles)
Two (2) Athletic Fields West of School 2,650 feet (0.50 miles)
(C) Safer Location for Trail Connection to Lancaster Drive
Staff Comment: We note that the Town Park has approximately 575 feet of frontage along Lancaster Drive. Although portions of the Park’s frontage are occupied by Gas and Sewer Easements and wetlands, we believe that there may be other locations for the pedestrian connection to Lancaster Drive. Accordingly, we have included a stipulation in Resolution A that would allow the point of connection for the Pedestrian/Hiking Nature Trail to be field-adjusted prior to the issuance of a Zoning Compliance Permit.
(D) Options Regarding Improved Safety on Lancaster Drive
Staff Comment: We believe that there may be steps that could be taken to potentially improve pedestrian safety along Lancaster Drive, if the trail extends to Lancaster Drive. These approaches could include, but may not be limited to, designated “parking” and “no parking” areas, installation of sidewalks, and implementation of various traffic-calming techniques.
(E) Initiating a Separate Process to Address Lancaster Drive Safety Concerns
Staff Comment: If the Council chooses to approve the proposed pedestrian connection to Lancaster Drive, and desires to take steps to address neighbor concerns, the Council may choose additionally to adopt a resolution requesting that the Town Manager report back to the Council within 3-6 months following the completion of the pedestrian connection, to provide a report on traffic conditions (vehicular, bicycle and pedestrian) along Lancaster Drive. If this step were to be taken, notice of such report would be mailed to all property owners within 1,000 feet of the intersection of the pedestrian trail and Lancaster Drive.
We note that adoption of Resolution F would request such a report from the Town Manager, pursuant to completion of the pedestrian trail.
3. A Council member requested a larger area map that would provide a better perspective of the area surrounding the Meadowmont Town Park.
Staff Comment: We have prepared and attached a Meadowmont Park Location Map, for the Council’s reference.