AGENDA #1

 

MEMORANDUM

 

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       University Application to Modify Development Plan

 

DATE:             June 16, 2003

 

 

We have received an application from the University of North Carolina at Chapel Hill, requesting approval of a Modification of a Development Plan for the central campus.  The Development Plan was originally approved by the Town Council on October 3, 2001.

 

This cover memorandum will outline key procedural issues, and summarize the changes to the Development Plan that are requested.  We have prepared an attachment called “Evaluation of Application” (Attachment 1) which discusses the changes, and evaluates the changes in the context of zoning regulations and the 2001 Development Plan approval.  A copy of the requested modification is attached (Attachment 2), along with recommendations from Advisory Boards, and related correspondence.

 

A full set of application materials is available for review in the Town Clerk’s Office and in the Chapel Hill Planning Department.  Materials can also be accessed through the Town’s website, http://www.townofchapelhill.org.  A link at the bottom of the main page leads to materials describing UNC’s Development Plan and this application for a modification of the Development Plan.

 

BACKGROUND

 

In the winter and spring of 2001, the Town Council was engaged in discussions with University representatives regarding zoning regulations for UNC’s main campus.  A new zoning category was created, called Office/Institutional-4, designed to allow Council review and approval of a general Development Plan for the main campus.  The structure of the zoning regulations is that, upon University submittal of a Development Plan application, a 90-day period of evaluation and public review follows.  Council action is required by the ordinance within 90 days of the acceptance of an application.  Following approval of a Development Plan, the University submits building-by-building Site Development Permit applications.  These detailed plans go through an administrative review and action process, with action required within 15 working days of acceptance of an application.

 

On October 3, 2001, the Town Council approved a Development Plan for the central campus.  The plan proposed approximately 4 million square feet of net new floor area on campus, accompanied by a net increase of 1,550 parking spaces on campus.  Individual Site Development Permit applications have been submitted and approved pursuant to that approved plan.

 

The OI-4 zoning district allows minor changes to the Development Plan to be approved by the Town Manager.  Major changes are considered to be Modifications, and go through the same review and approval process as an initial Development Plan application (90 day review period, final action by the Town Council following a Public Hearing).  The ordinance states that the Town Council shall approve a Development Plan unless it finds that the proposed development would not:

 

1.      Maintain the public health, safety, and general welfare;  or

2.      Maintain the value of adjacent property.

 

The University has prepared and submitted an application for a Modification of the Development Plan.  That application is the subject of this memorandum.  Notification of the application was mailed to property owners within 1,000 feet of the boundary of the area covered by the Development Plan approved in October, 2001.  At the conclusion of tonight’s discussion, we recommend recessing this hearing to June 23, 2003, for consideration and possible action.

 

In the case of this application, the application was accepted early in April, 2003; accordingly, action is to be taken prior to July 5, 2003. 

 

PROPOSED CHANGES

 

Proposed changes to the 2001 Development Plan are described and evaluated in the attached Staff Report.  A summary listing of the proposed changes follows:

 

·              Delete previously proposed parking deck at Manning Drive/Fordham Boulevard

·              Add a parking deck on Manning Drive near existing Health Affairs decks

·              Add a parking deck/chiller plant near Cobb Dormitory and the Chapel Hill Cemetery

·              Replace the existing Bennett building on Manning Drive with a larger building

·              Establish new utility corridors

·              Adjust design for proposed Student Family Housing along Mason Farm Road

 

PROCEDURAL BACKGROUND

 

Review and approval of development on the University’s main campus takes place in the context of specially-tailored zoning district called Office/Institutional-4.  Following is a summary of key features of this zoning district.

 

 

SUMMARY

 

This application proposes to modify the Development Plan approved by the Town Council on October 3, 2001.  The focus of evaluation has been on the changes proposed, and on the differences in impacts of the development proposed here, compared to the impacts of the development approved in 2001.

 

We believe that the main areas of impact would be:

 

·        Different traffic patterns resulting from reallocation of parking spaces on campus.

·        Impacts of proposed new parking deck/chiller plant adjacent to Chapel Hill Cemetery.

·        Access issues related to the proposed Family Housing along Mason Farm Road.

 

The attached “Evaluation of Application” discusses these and other possible impacts.

 

RECOMMENDATION

 

The Land Use Management Ordinance specifies that, when a Development Plan or a Modification of a Development Plan in the OI-4 zoning district is submitted, it shall be reviewed by the Planning Board.  Review by other Town Advisory Boards is not required, but we have made information about this application available to all Advisory Boards that are involved in development review.  In addition to the Planning Board, the Transportation Board and Historic District Commission have chosen to offer comments for the Council’s consideration.

 

Planning Board Recommendation:  On June 3, the Planning Board considered this application and voted 8-1 to forward a series of questions and concerns to the Council, for consideration during the Council’s discussions.  The areas of comment include:

 

·        Development of the Jackson Circle Deck should await resolution of South Columbia Street  issues

 

·        Prior to development of the Cobb Deck, plans should be reviewed for details regarding height of buildings, fencing to control access to cemetery, and vehicle access onto Country Club Road.

 

·        Development of the Chiller Plant should await detailed information about noise.

 

·        Development of the Family Housing should maintain options for transit corridors.

 

·        The Planning Board suggests that the Council reconsider the ordinance provision that requires Council action within 90 days of acceptance of an application for a Development Plan or Development Plan modification.

 

Please see the attached Summary of Planning Board Action for details.

 

Additional Comments from Advisory Boards:   The Transportation Board, the Historic District Commission, and the Community Design Commission have considered this application and will make recommendations at the Public Hearing.

 

Manager’s Preliminary Recommendation:  We recommend that the Council approve this application with conditions, with adoption of Resolution A.  Resolution B would deny the application.

 

We recommend that, at the conclusion of tonight’s discussions, the Council recess this hearing to June 23, for further consideration and possible action.

 

ATTACHMENTS

 

1.       Evaluation of Application (p. 1-1)

2.       Application and Addendum (www.fpc.unc.edu/DevelopmentPlan)

3.       Traffic Count Map and Table (p. 3-1).

4.       Discussion of Traffic Projections (p. 4-1).

5.       OI-4 Zoning District (p. 5-1).

6.       Guidelines for Noise, Light, Stormwater, and Traffic Impacts (p. 6-1).

7.       Resolution of Approval for Development Plan (2001) (p. 7-1).

8.       Summary of Advisory Board Actions (p. 8-1).

9.       Letters and email correspondence  (p. 9-1).

10.    Preliminary Site Plan for Cobb Hall-Performing Arts Deck/Chiller Plant (p. 10-1).

11.    Summary Map (p. 11-1).

 

A RESOLUTION APPROVING AN APPLICATION FOR A DEVELOPMENT PLAN MODIFICATION NO. 1 FOR THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL

 

WHEREAS, the Town of Chapel Hill and the University of North Carolina are bound by a shared history and desire a unified vision for the future; and

 

WHEREAS, the University serves as the economic mainstay of the Town while offering a wealth of services from cultural amenities to quality medical care; and

 

WHEREAS, the Town serves as an attractive and desirable home for faculty, staff and students while offering valued services to the University; and

 

WHEREAS, the University and Town recognize the need to allow for growth while mitigating transportation, environmental, noise, light, and other impacts; and

 

WHEREAS, the Chapel Hill Town Council enacted a new zoning district on July 2, 2001 to address the need to allow for growth while mitigating impacts, and applied this zoning district to the University’s Main Campus; and

 

WHEREAS, on October 3, 2001, after reviewing Development Plan materials submitted by the University, dated July 3, 2001, and Addenda dated August 7, 2001 and September 3, 2001  the Town approved a Development Plan that maps out  future campus growth and addresses mitigation of impacts; and

 

WHEREAS, the University submitted a Development Plan Modification No. 1 application dated April 3, 2003 and Addenda dated May 23, 2003, seeking to amend the Development Plan approved by the Council on October 3, 2001;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that development proposed by the Development Plan Modification No. 1 application of The University of North Carolina at Chapel Hill, for property identified as parts of Chapel Hill Township Tax Maps numbered 71, 73, 74, 86, and 87, if developed according to
 the Development Plan Modification No. 1 dated April 3, 2003 and Addenda dated May 23, 2003 and in compliance with the 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; and

 

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

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Development Plan Modification No. 1 in accordance with the plans listed above and with the conditions listed below:

 

General Stipulations

 

1.      Relationship to 2001 Development Plan: This approval modifies the terms of the University of North Carolina at Chapel Hill Development Plan approved by the Town Council on October 3, 2001.  Except as specifically authorized or modified by this document, the terms and conditions of the Development Plan Resolution as adopted by the Council on October 3, 2001, remain in effect. 

 

2.      Level of Development:  This Development Plan Modification No. 1 approval represents preliminary authorization for demolition and construction of facilities as shown on “Modification No.1- Map 2 and Maps 6 and 7 Addendum No.1” from the “Development Plan Modification No 1 Addendum No 1,” dated May 23, 2003.  Additional information is included in the April 3, 2003 “Development Plan Modification No. 1” and the “Development Plan Modification No. 1 Addendum No. 1,” dated May 23, 2003 modified by conditions outlined below. 

 

In any case involving conflicting information, the controlling component of the “Development Plan Modification No. 1” shall be the Map called “Modification No.1 Map 2 Addendum No.1,” dated May 23, 2003.  The controlling maps for Perimeter Transition Areas shall be “Maps 6 and 7 Addendum No.1” from the “Development Plan Modification No. 1 Addendum No. 1,” dated May 23, 2003. 

 

3.      Land Use:  Unless otherwise modified by conditions herewith, this Development Plan Modification No. 1 authorizes the following:

 

A.     As shown on “Modification No.1, Map 2 Addendum No. 1,” dated May 23, 2003:

·        Removal of a parking deck (1,500 spaces) approved with the October 3, 2001 Development Plan and identified as structure P-7;

·        Construction of a parking deck (800 space, 5-level) identified as structure P-10 Mod;

·        Construction of an academic building (105,000 square feet) identified as structure O-3 Mod;

·        Construction of a parking deck (600 space, 5-level) identified as structure P-9 Mod;

·        Construction of a chiller plant (21,600 square feet) identified as structure I-3 Mod.; and 

·        Increased student housing floor area for structure H-21 from 24,300 square feet to 30,050 square feet.

 

B.     As shown on “Map 6 and 7, Addendum No.1,” dated May 23, 2003:

·        Construction of student housing (425,400 square feet) identified as structures H-13 through H-20. 

 

This permit also authorizes:

 

C.     Pedestrian corridor improvements as shown on “Modification No. 1, Map 5, Addendum No. 1,” dated May 23, 2003.

 

D.     Pervious and impervious surface areas as shown on “Modification Map 3, Addendum No. 1,” dated May 23, 2003.

 

E.      Utility corridor improvements as shown on “Modification No. 1, Map 4, Addendum No. 1,” dated May 23, 2003.

 

F.      Area and parking space calculations for the following list of structures as shown by “Table 3 – The University of North Carolina at Chapel Hill Development Plan – Modification No. 1- Addendum No.1, Area Calculations for Proposed Buildings,” dated May 23, 2003:

 

• Student Housing structures H-10 through H-21;
• Infrastructure structure I-3 Mod;
• Office structure O-3 Mod; and
• Parking deck structures P-7, P-9 Mod, and P-10 Mod.

 

4.      Land Use Intensities:  Land Use Intensities, authorized by the October 3, 2001 Development Plan, are modified as specified below:

 

Land Use Intensity	Development Plan Modification No. 1
Student Housing Floor Area	+ 147, 500 sq ft    (increase )
Infrastructure Floor Area	+   21,600 sq ft    (increase)
Office Floor Area	+ 105,000 sq ft    (increase)
Student Dwelling Units	+         91 units    (increase)
Parking	+      29 spaces    (increase)
Impervious Surface Area	-        0.9 acres    (decrease)

 

5.      Consistency of Site Development Permit Application with Development Plan Modification No.  1:  No application for a Site Development Permit, for land use authorized by this permit within the boundary of this Development Plan Modification No. 1, as shown on the “Modification No.1-Map 2 Addendum No.1’” dated May 23, 2003,  shall be approved unless such application is consistent with the Council-approved Development Plan Modification No. 1.  Consistent does not mean identical; building footprints and landscaped areas shown on the Council approved Development Plan Modification No. 1, except as otherwise noted below for certain Perimeter Transition Areas, shall be considered to indicate approximate size and location.

 

6.      Interpretation of “Modification No.1-Map 3 Addendum No.1:” “Modification No.1-Map 3 Addendum No.1” dated May 23, 2003 shall be considered to indicate, approximately, areas of pervious and impervious surface that will exist within the area covered by this Development Plan Modification No. 1 after full development has been completed.  Except for incidental paving for walkways and fire lanes, areas shown as “Forest” and “Cleared Woodlands” will be expected to be pervious surface after full development, either with existing vegetation left undisturbed or with new vegetation planted and maintained, unless further specified by stipulations below.

 

Stipulations Related to Utilities

 

7.      No Utility Line through Jones Park:  This approval of the Development Plan Modification No. 1 does not acknowledge nor authorize development of a Utility Corridor through Chapel Hill’s Jones Park, shown on “Modification No.1 – Map 4 Addendum No.1,” dated May 23, 2003, as a line extending to the southeast outside the boundaries of the Development Plan Modification No. 1.

 

Stipulations Related to Transportation

 

8.      Traffic Signal System Improvements: 

a)      Traffic signal timing plans for the Development Plan Modification No. 1, shall be studied and revised for all the intersections that are analyzed for Level of Service criteria.  The revised timing plans shall be implemented in coordination with Town staff between June 13, 2003 and August 1, 2003.

 

b)      The Franklin Street and Boundary Street signalized intersections shall be upgraded by replacing the existing 8” signal heads with 12” signal heads.  The upgrade must be approved by the Town Manager and North Carolina Department of Transportation (NCDOT), and construction must be completed prior to the end of calendar year 2005. 

 

The University shall be responsible for the above traffic signal system improvements.

 

9.      Road Improvements:  The University shall be responsible for constructing and implementing the following roadway and intersection improvements or their equivalent prior to the opening of the Cobb Hall-Performing Arts Center Parking Deck (P-9 Mod):

 

• Boundary Street/Battle Lane/Country Club Road:  The University design and reconstruct the Boundary Street/Battle Lane/Country Club Road intersection.  The design and construction may incorporate a traffic signal.  Such design shall include signal timing plans for the new signal.  Alternatively, the University may consider a “round-about” or similar intersection redesign with or without a traffic signal.  Prior to construction, the design must be reviewed and approved by the Town Manager.

 

If the University demonstrates that intersection improvements at this location are deemed unfeasible, the University shall investigate and implement other methods to mitigate the negative impact the proposed Development Plan Modification No. 1 would have on the intersections in this area.  Subject to approval by the Town Manager, the mitigation measures shall be installed prior to the opening of the Cobb Hall-Performing Arts Center Parking Deck (P-9 Mod).

 

10.  Signalized Intersections:  The following signalized intersections shall be upgraded with pedestrian “count down” heads and remarked crosswalks prior to the opening of the Cobb Hall-Performing Arts Parking Deck:

 

1.      Cameron Avenue/Country Club Road and Raleigh Street

2.      Franklin Street and Boundary Street

 

11.  South Road Sidewalk: Prior to the opening of the Cobb Hall-Performing Arts Parking Deck (P-9 Mod) the University shall construct a sidewalk along the north side of South Road, adjacent to the Old Chapel Hill Cemetery.  The final design and location of the sidewalk shall be reviewed and approved by the Town Manager.

 

Stipulations Related to Site Development Permit Applications

 

12.  P-10 Mod (Jackson Circle Parking Deck):  The Site Development Permit for parking deck structure P-10 Mod  (Jackson Circle) must include details on the proposed Fixed Guideway Corridor including potential room for a future transit stop/transfer station location.

 

Stipulation Related to Perimeter Transition Areas

 

13.  P-9 Mod and I-3 Mod Perimeter Transition Area Designation (Cobb Hall Parking Deck and Chiller Plant):  Approval of this Development Plan Modification No.1 shall designate the parking deck structure P-9 and the infrastructure structure I-3 Mod (Cobb Hall-Performing Arts Parking Deck and Chiller Plant) projects as a Perimeter Transition Area. 

 

 

14.  P-9 Mod and I-3 Mod (Cobb Hall Parking Deck and Chiller Plant):  For P-9 Mod and I-3 Mod structures, the  following additional stipulations shall apply:

 

a)      Submittal of a Site Development Permit shall include detailed maps, similar to the Perimeter Transition Area Maps included in Modification No. 1 Addendum No.1 dated May 23, 2003.  These maps must, at a minimum include the following information:

 

·        OI -4 and surrounding zoning district boundaries

·        Perimeter Transition Boundary Area

·        Structures including existing and approved per the Development Plan and Development Plan Modification No. 1

 

b)  This development site must comply with the following standards:

 

Mechanical Equipment:  All mechanical equipment, both rooftop and ground locations, must be screened from view from the Cemetery.

 

 Lighting and Noise:  Parking deck and chiller plant must comply with the Noise and Light Performance Standards adopted by the Town Council on July 2, 2001.

 

Details confirming compliance will be provided in the Site Development Permit.

 

Building Height: Building mass of the parking deck and chiller plant shall be consistent with adjacent buildings.  The tallest roof ridge elevation for the deck and chiller plant shall not exceed the roof ridge of the adjacent Cobb dormitory (except for elevator shafts, chimneys, mechanical equipment enclosures and parapet walls).

 

Landscape Buffer: A Type C buffer or equivalent, or alternate bufferyard approved by the Community Design Commission, shall be located between the building and the Old Chapel Hill Cemetery.  The landscape buffer shall consist of a mix of evergreen and deciduous plant materials.  Landscape details will be part of the Site Development Permit submittal.  A type C buffer is typically 20 feet wide.

 

c)  That the submittal of a Site Development Permit for the Cobb Hall-Performing Arts Parking Deck or Chiller Plant include verification that the North Carolina Department of Cultural Resources was involved in the planning process.

 

 Student Family Housing East

  

15. Student Family Housing East -  Perimeter Transition Area:  For the Student Family Housing-East Perimeter Transition Area:

 

a)       A Housing Corridor, between 60 feet and 73.5 feet wide, shall be established parallel to Mason Farm Road.

 

Above stipulation 14a) shall modify the 60-foot wide Housing Corridor width authorized by  Option 1 Stipulation #32 in Development Plan Resolution adopted by the Town Council on October 3, 2001.

 

b)      The submittal of a Site Development Permit application for the Student Housing Family-East Perimeter Transition Area shall include the following additional information:

 

·        A street cross- section detail for Mason Farm Road.  The scaled cross-section detail must identify the Housing Corridor, two Transit Corridors, reserved for future street or transit improvements and proposed utility corridors.

 

·        A utility plan for the new utility corridor as shown on “Modification No.1-Map 4 Addendum No.1.”  The plan must identify the type of utility, clearing limits and easement areas.  The utility plan must include the areas between Manning Drive/Skipper Bowles Drive and the western edge of the Perimeter Transition Area as identified on “Modification No.1-Map 4 Addendum No.1.”  The plan must verify that utility installation will not conflict with future roadway or mass transit corridor improvements.

 

·        Baity Hill-Manning Drive Pedestrian Connection:  That pedestrian connection from Baity Hill to surrounding areas to the north and northeast is required as Site Development Permit applications are designed and submitted.  

 

Student Family Housing West

   

16.  Student Family Housing West (H-21) – Perimeter Transition Area:  Except for those stipulations contained within this document modifying floor area, parking, dwelling unit numbers, impervious surface area and utility improvements, the proposed access changes to the Student Family Housing West Perimeter Transition Area, as proposed by this application, are not authorized. 

 

Miscellaneous Stipulations

 

17.  Continued Validity:  Continued validity and effectiveness of this approval is expressly

      conditioned on the continued compliance with the plans and conditions listed above.

 

18.  Severability:  If any of the above conditions is held to be invalid by a court of competent jurisdiction, all other conditions shall remain valid and this approval shall remain intact.

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Development Plan Modification No. 1 by the University of North Carolina at Chapel Hill.

 

 

This the      day of                  , 2003.

 

 

 

A RESOLUTION DENYING AN APPLICATION FOR A DEVELOPMENT PLAN MODIFICATION NO. 1 FOR THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it fails to find that development proposed by the Development Plan Modification No. 1 application of the University of North Carolina at Chapel Hill, for property identified as parts of Chapel Hill Township Tax Maps numbered 71, 73, 74, 86, and 87, if developed according to the Development Plan Modification No. 1 materials dated April 3, 2003, modified as indicated in an Addendum dated May 23, 2003, would:

 

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

 

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

 

BE IT FURTHER RESOLVED that the Town Council hereby denies the application for a Development Plan Modification No. 1 by the University of North Carolina at Chapel Hill.

 

 

This the    day of              , 2003.