AGENDA #9
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Meadowmont Elementary School – 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 the 9th elementary school in the Chapel Hill-Carrboro School District. Adoption of Resolution A would approve the Special Use Permit Modification application with conditions. Adoption of Resolution B would deny the request.
We note that this development application is accompanied by a concurrent application for a Town Park 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 application to authorize construction of a 107,000 square foot one-story elementary school with a full-size gym, four (4) athletic/play fields, and a total of 120 parking spaces. The 22.04-acre school site, which is adjacent to a future Town park, is located on Meadowmont Lane, north of the Meadowmont Wellness Center and the UNC-Chapel Hill Paul J. Rizzo Conference Center. 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 School application (22.04 acres) provides the following facilities anticipated in the southern/southwestern portion of the original Park and School site: an elementary school, parking lots, four athletic/play fields, an outdoor basketball court, and a 10-foot wide natural surface pedestrian trail.
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 includes the following stipulations:
§ That the proposed greenway not end at the golf course, but extend to the pond/amenity area to the north, to connect the northern end of the site to the village center.
§ That the greenway coincide with the sewer easement where possible, and that it include a 10-foot wide asphalt path inside a 34-foot pedestrian easement, and that the design and construction be approved by the Town Manager.
The Meadowmont Elementary School application proposes that as the 10-foot wide asphalt greenway trail enters the southern end of the school site, it would transition into a 10-foot wide natural surface trail that continues northward toward the Town Park site.
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 no key issues were raised during the November 19, 2001 Public Hearing.
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 the application with conditions. Please see the attached Summary of Planning Board Action.
Resolution A includes the following recommended condition of the Planning Board:
Ø That the construction completion deadline shall be changed to November 26, 2016, permitting up to a maximum 15-year build-out for the proposed expansion areas.
Staff Comment: The resolution of approval that was reviewed by the Planning Board, included a 10-year build-out. We believe that a 15-year build-out is reasonable, and have included this provision in Resolution A.
Transportation Board Recommendation: The Transportation Board reviewed this application on November 20, 2001, and voted 4-1 to recommend that the Council approve the application with conditions. Please see that attached Summary of Transportation Board Action.
Resolution A has been revised to include the following recommended condition of the Transportation Board:
Ø That all four (4) internal crosswalks shown on the site plan shall be raised in order to slow vehicle speed.
Staff Comment: We believe that this recommended condition is reasonable and will promote pedestrian safety on the site. Accordingly, we have included this provision in Resolution A.
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 the application with conditions. Please see the attached Summary of Design Commission Action.
Resolution A includes the following recommended condition of the Community Design Commission:
Ø That the construction completion deadline shall be changed to November 26, 2016, permitting up to a maximum 15-year build-out for the proposed expansion areas.
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 the application with conditions. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action.
Resolution A has been revised to include the following recommended condition of the Bicycle and Pedestrian Advisory Board:
Ø That all four (4) internal crosswalks shown on the site plan shall be raised in order to slow vehicle speed.
Parks & Recreation Commission Recommendation: The Parks and Recreation Commission reviewed this application on October 19, 2001, and voted 7-0 to recommend that the Council approve Resolution A. Please see the attached Summary of Parks and Recreation Commission Action.
Greenways Commission Recommendation: The Greenways Commission reviewed this application on October 10, 2001, and voted 6-0 to recommend that the Council approve Resolution A. Please see the attached Summary of Greenways Commission Action.
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 recommend that the application be approved with the adoption of Resolution A.
Resolution B would deny the application.
1. Summary of Transportation Board Action (p. 13)
2. November 19, 2001 Public Hearing Memorandum and Related Attachments (begin new page 1)
ATTACHMENT # 1
RESOLUTION A
(Planning Board, Transportation Board,
Community Design Commission,
Bicycle and Pedestrian Advisory Board,
Parks and Recreation Commission,
Greenways Commission,
and Manager’s Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR THE MEADOWMONT ELEMENTARY SCHOOL (2001-11-26/R- 16a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Corley Redfoot Zack, Inc., on property identified as Chapel Hill Township Tax Map 52, Lot 15A, if developed according to the site plan dated August 24, 2001, and revised on November 14, 2001, and conditions listed below, would:
1. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations; and
2. Be consistent with the Meadowmont Master Land Use Plan that was approved on October 23, 1995.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Modification for the Meadowmont Elementary School 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, 2016.
2. Land Use Intensity: This Special Use Permit Modification authorizes construction of an elementary school, specified as follows:
Maximum Floor Area Total: 107,000 s.f. (see stipulation below)
Minimum Outdoor Space: 880,155 s.f.
Minimum Livability Space: 805,955 s.f.
Maximum Amount of Impervious Surface: 255,000 s.f.
Maximum # of Off-Street Parking Spaces: 120 spaces
Minimum # of External Bicycle Parking Spaces: 100 spaces
Minimum # of Bicycle Lockers: 9 lockers
Minimum # of Athletic Fields/Play Fields: 4
Stipulations Related to Required Improvements
3. Maximum Floor Area: That a total of 93,517 square feet of floor area shall be allowed on this site, unless additional floor area is provided through any combination of the following approaches, prior to issuance of a Zoning Compliance Permit:
A. Additional floor area is transferred from the adjacent Town Park site;
B. Approval of a Modification of the Meadowmont Master Land Use Plan that would increase the total allowable floor area by up to 13,483 square feet, which would only be permitted for use on the Meadowmont Elementary School site.
These approaches may be used to increase the allowed floor area on this site to a maximum of 107,000 square feet.
4. Adjustment to the Master Land Use Plan: That an application to adjust the Meadowmont Master Land Use Plan to increase the allowable floor area by up to 13,483 square feet, with the additional floor area only being permitted for use on the Meadowmont Elementary School site, shall be viewed as a non-substantial, minor change that would be administratively approved by the Town Manager.
5. Impervious Surface Monitoring Form: That the developer shall submit an updated Meadowmont Impervious Surface Monitoring Form in conformance with the Low Density Option, reflecting the amount of impervious surface to be constructed on this site as part of the overall development, prior to issuance of a Zoning Compliance Permit.
6. 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 Elementary School.
7. Town Standards: That all streets, parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards.
8. Bicycle Parking: That the applicant shall provide a total of 9 bicycle lockers (Class I standards) and a total of 100 external secured, covered and illuminated bicycle parking spaces (Class II standards).
9. American Disabilities Act (ADA) Accessibility: That all sidewalks, pedestrian paths, and access paths constructed on this site shall be designed to be ADA Accessible.
10. Internal Crosswalks: That all four (4) internal crosswalks shall be raised in order to slow vehicle speed.
Stipulations Related to Landscape Elements and Architectural Issues
11. Landscape Plan Approval: That a detailed Landscape Plan and Landscape Maintenance Plan shall be prepared for the site and approved by the Town Manager prior to issuance of a Zoning Compliance Permit. In particular, the Landscape Plans shall include the following buffer areas:
A. A 15-foot Type ‘A’ buffer along the western boundary of this site (which is part of the perimeter of the overall Meadowmont development); and
B. A 15-foot Type ‘A’ buffer along the site’s Meadowmont Lane frontage.
12. Parking Lot Landscaping Requirements: That parking lot screening and parking lot shading shall be provided in accordance with the Town’s parking landscaping requirements (Development Ordinance, Section 14.6.6), and shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
13. 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.
14. Building Elevations: That the Community Design Commission shall approve the building elevations for the site, prior to the issuance of a Zoning Compliance Permit.
15. Lighting Plan: That the Community Design Commission shall approve a Lighting Plan for the site, prior to the issuance of a Zoning Compliance Permit. The Landscape Plan shall include all parking lot lighting, any building and landscape up-lighting, and any athletic field or playground illumination.
16. Stormwater Management Plan: That a Stormwater Management Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The facility design shall be based on the 1-year and 50-year frequency, 24-hour duration storms, where the post-development stormwater run-off rate shall not exceed the pre-development rate. The engineered stormwater facility shall also be designed to remove 85% total suspended solids and treat the first inch of precipitation.
17. Stormwater Operations and Management Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. That the plan shall include the owner's financial responsibility and maintenance schedule of the facilities to ensure that it continues to function as originally intended and shall be approved by the Town Manager.
18. Stormwater Drainageway Easement: That all on-site stormwater facilities shall be located within a stormwater drainageway easement as required by the Town Manager.
19. Erosion Control: That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modification of the plan if necessary, shall be approved by the State of North Carolina, prior to issuance of a Zoning Compliance Permit. In addition, a copy of the State-approved plan shall be submitted to the Orange County Erosion Control Department, prior to issuance of a Zoning Compliance Permit. Orange County Erosion Control shall be permitted to visit the site during construction, and shall have the opportunity to report any findings and suggestions to the State of North Carolina.
Stipulations Related to Utilities
20. Utility Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority (OWASA), Duke Power Company, BellSouth (or designated telephone service provider), Public Service Company, and the Town Manager, prior to issuance of a Zoning Compliance Permit.
21. Utility Lines: That all utility lines, other than 3-phase electric power distribution lines, shall be underground and shall be indicated on final plans.
Stipulations Related to Fire Protection/Fire Safety
22. Emergency Access Path: That the emergency access path which encircles the school, shall be constructed to support the weight and turning radii of fire apparatus, subject to Town Manager approval.
23. Fire Flow: That a fire flow report shall be prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
24. Sprinkler System: That the buildings shall have a sprinkler system in accordance with Town Code, which shall be approved by the Town Manager prior to the issuance of a Building Permit.
25. Fire Department Connections: That fire department connections shall be no more than 50 feet from the hydrants, and shall be located in visible, accessible locations, subject to Town Fire Marshall approval.
26. 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.
27. Heavy-Duty Pavement: That all drive aisles and parking areas that will be utilized for collection vehicle access to the dumpster/recycling area, shall be constructed with all-weather, heavy-duty pavement.
28. 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 Chapel Hill-Carrboro City Schools will allow the greenway trail to be constructed on the School site. In addition, once the detailed location of the greenway trail has been determined, the Chapel Hill-Carrboro City Schools will dedicate a permanent access easement for the entire 100-foot wide greenway trail corridor. This dedicated easement shall allow the Town to maintain the greenway trail, while also providing access for pedestrians, non-motorized vehicles, and persons confined to wheelchairs.
29. Maintenance Access to Athletic Fields: That an access easement shall be provided from the neighboring residential street that is located south/southwest of the School site, for the purpose of allowing maintenance vehicles to access the athletic fields located west of the perennial stream that divides the School site. Details regarding this access easement (location of curb cut, amount of grading, location of utilities, etc.) shall be submitted and approved by the Town Manager, prior to issuance of a Zoning Compliance Permit.
30. Access Easements: That a permanent access easement shall be dedicated for (1) the area on the School site located west of the perennial stream that divides the site, and (2) the lot located south of the western two athletic fields, which will serve to provide maintenance access from the public street in the adjoining single-family neighborhood. The dedicated access easement shall allow the Town to maintain these areas, and provide access for pedestrians, non-motorized vehicles, and persons confined to motorized wheelchairs.
31. Entrance Drive Easement: That a permanent access easement which provides access for vehicular traffic and pedestrians, shall be dedicated for the access road off of Meadowmont Lane that serves as the primary entrance drive to the Meadowmont Elementary School site (and also serves as the primary entrance drive for the Meadowmont Town Park).
32. Utility Easements: That permanent utility easements shall be provided for utilities that provide services to the two western athletic fields, for maintenance purposes.
33. Recorded Plat: That a plat shall be recorded indicating all easements on this site, prior to the issuance of a Zoning Compliance Permit.
34. 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.
35. 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.
36. Open Burning: That no open burning shall be permitted during the construction of this development.
37. Silt Control: That the applicant shall take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.
38. Plant Rescue: That the applicant is encouraged to conduct a “plant rescue” for this site, after the issuance of a Zoning Compliance Permit and prior to the start of construction.
39. 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.
40. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
41. 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 Elementary School.
This the 26th day of November, 2001.
ATTACHMENT # 2
RESOLUTION B
(Denying the Application)
A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE MEADOWMONT ELEMENTARY SCHOOL (2001-11-26/R–16b)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Corley Redfoot Zack, Inc., on property identified as Chapel Hill Township Tax Map 52, Lot 15A, if developed according to the site plan dated August 24, 2001, and revised on November 14, 2001, and conditions listed below, would not:
1. Be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;
3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, and
4. Conform with the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.
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 Elementary School.
This the 26th day of November, 2001.