HomeMy WebLinkAboutORD-2007-207 - Planning -Animal Services Facility – Chapel Hill Joint Planning Transition Area Zoning Atlas Amendment (JPA-CH-Z-2-07) 09-19-2007-6eORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 19, 2007
Action Agenda
Item No. (p — e.
SUBJECT: Animal Services Facility - Chapel Hill Joint Planning Transition Area Zoning
Atlas Amendment (JPA- CH- Z -2 -07)
DEPARTMENT: Planning Department PUBLIC HEARING: (Y /N) NO
ATTACHMENTS:
INFORMATION CONTACT:
1.
Resolution of Approval (p. 3)
Craig Benedict, Planning Director, 245 -2592
2.
Map (p. 4)
Gene Bell, Planning Systems Coordinator,
3.
4 -26 -07 JPA Public Hearing Minutes (p. 5)
245 -2589
4.
Joint Staff Memorandum (p. 8)
5.
Statement of Justification (p. 12)
6.
9 -10 -07 CH Staff Memo (p.14)
7.
SUP Resolution of Approval (p. 23)
8.
Chapel Hill Rezoning Resolution of
Approval (p. 33)
PURPOSE: To consider approval of the request to rezone a 5.48 acre site on the south side of
Eubanks Road between the Orange County landfill and Millhouse Road.
BACKGROUND: The Town of Chapel Hill received an application from Orange County for a
Zoning Atlas Amendment to rezone 5.48 acres of land on the south side of Eubanks Road
between the Orange County Landfill and Millhouse Road. The property is currently located
within the Residential -1 (R -1) zoning district and is identified as being all or a portion of Orange
County Parcel Identifier Number 9870774584. Accompanying the Zoning Atlas Amendment
was a Special Use Permit application.
The applicant has requested that the site be rezoned to the Office Institutional -1- Conditional
(0I -1 -C) zoning district. Existing zoning allows a Public Service facility but has a maximum floor
area ratio of 0.076. 0I -1 -C allows a maximum floor area ratio of 0.264.
Note: Attachments from the public hearing agenda indicate a project of 5.96 acres. Since
the Public Hearing, the applicant has determined that its title in the land area
encumbered by the State University Railroad Company right-of-way (0.48 acre) is not
such that it can include this land in the application. The plans have been revised to
indicate the change of boundary and revised project of 5.48 acres. The map included with
this item depicts the correct project property boundaries.
3
A RESOLUTION AMENDING
THE JOINT PLANNING AREA ZONING ATLAS
WHEREAS, Orange County and the Town of Chapel Hill entered into a Joint
Planning Agreement, dated September 22, 1987, as amended April 2, 1990; and
WHEREAS, pursuant to the Joint Planning Agreement, a Joint Planning Area Land
Use Plan and Map were adopted on October 13, 1986, by all parties to the Joint
Planning Agreement, and have since been amended on several occasions;
NOW THEREFORE, THE ORANGE COUNTY BOARD OF COMMISSIONERS
AND CHAPEL HILL TOWN COUNCIL HEREBY RESOLVE THAT THE JOINT
PLANNING ZONING ATLAS BE AMENDED AS FOLLOWS:
That the site, identified as now or formerly Orange County Parcel
Identifier Numbers 9870 -77- 4584), that is currently zoned Residential -
1 (R -1) located on the south side Eubanks Road between the Orange
County Landfill and Millhouse Road, shall be rezoned to
Office /Institutional -1- Conditional (01 -1 -C).
The description of the area to be rezoned is indicated on the attached
map, and extends to the centerline of the rights -of -way of Eubanks
Road and the University Spur Railroad.
This resolution shall become effective upon adoption by the governing bodies of
Orange County and the Town of Chapel Hill.
Upon motion of Commissioner , seconded by Commissioner
, the foregoing resolution was adopted this the day of
, 2007.
I, Donna Baker, Clerk to the Board of Commissioners for the County of Orange,
North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so
much of the proceedings of said Board at a meeting held on September 19, 2007,
as relates in any way to the adoption of the foregoing and that said proceedings
are recorded in the minutes of said Board.
WITNESS my hand and the seal of said County, this day of
2007.
Clerk to the Board of
Commissioners
4
+ Orange County Animal Services Facility
Proposed Zoning Atlas Amendment
to Office Institutional 1- Conditional Zoning from Residential 1 Zoning
Town of Chapel Hill Zoning Districts: A Area Proposed to be Rezoned RT = Rural Transition
to 0I -1 -C from R -1 (Very Low Intensity Res.: 0.4 units/acre) N
R -1 = Residential - 1
Buildings (Low Intensity Res.: up to 2.5 units/acre) 200 0 200 Feet
R -2 = Residential - 2
0 Chapel City Limits (Medium Intensity Res.: up to 4 units/acre) GIS '.� -t MU-01-1 = Mixed Use Office /Institutional, Ch Map prepared by
Chapel Hill Zoning Chapel Hill Planning
.ier•• Low Intensity March, 2007
JPA Joint Planning Area MU -R -1 = Mixed Use Residential, Low Intensity
JPA = Joint Planning Area
o.
MU -R -1
® JPA
RT
JPA
MU '01 -1 '
Old
o
MU- -1
Landfill
l
CD
A uPS
Town
�000
70
Chapel I
Parkl
Ride
Proposed Rezoning
a
Industrial Pa
Lot
of Animal Services
Facility Site &
abutting right -of -way
cans
d
Proposed
mu_ 1 -1
Chapel Watch
Landfill
J A
Village
'
R -2
JPA
a
R -1 CL
Duke Energy
JPA
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0
Town of Chapel Hill Zoning Districts: A Area Proposed to be Rezoned RT = Rural Transition
to 0I -1 -C from R -1 (Very Low Intensity Res.: 0.4 units/acre) N
R -1 = Residential - 1
Buildings (Low Intensity Res.: up to 2.5 units/acre) 200 0 200 Feet
R -2 = Residential - 2
0 Chapel City Limits (Medium Intensity Res.: up to 4 units/acre) GIS '.� -t MU-01-1 = Mixed Use Office /Institutional, Ch Map prepared by
Chapel Hill Zoning Chapel Hill Planning
.ier•• Low Intensity March, 2007
JPA Joint Planning Area MU -R -1 = Mixed Use Residential, Low Intensity
JPA = Joint Planning Area
5
APPROVED 6/12/2007
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
CARRBORO BOARD OF ALDERMEN
CHAPEL HILL TOWN COUNCIL
JPA PUBLIC HEARING
April 26, 2007
7:30 p.m.
The Orange County Board of Commissioners met in joint session with the Chapel Hill
Town Council on Thursday, April 26, 2007 at 7:30 p.m. at the Southern Human Services Center
in Chapel Hill, North Carolina for the purpose of holding a Joint Planning Area Public Hearing.
COUNTY COMMISSIONERS PRESENT: Commissioners Valerie Foushee, Alice M.
Gordon, and Barry Jacobs
COUNTY COMMISSIONERS ABSENT: Chair Moses Carey, Jr. and Mike Nelson
COUNTY ATTORNEY PRESENT: Brian Ferrell and Geof Gledhill
COUNTY STAFF PRESENT: County Manager Laura Blackmon and Clerk to the Board
Donna S. Baker (All other staff members will be identified appropriately below)
TOWN OF CHAPEL HILL COUNCIL MEMBERS PRESENT: Mayor Kevin C. Foy and
Council Members Bill Strom, Sally Greene, Ed Harrison, Cam Hill, Jim Ward, Mark
Kleinschmidt, and Lauren Easthom
TOWN OF CHAPEL HILL COUNCIL MEMBERS ABSENT: BILL THORPE
CARRBORO BOARD OF ALDERMEN MEMBERS PRESENT:
CARRBORO BOARD OF ALDERMEN ABSENT: Mayor Mark Chilton and Aldermen Alex
Zaffron, Jacquelyn Gist, Joal Hall Broun, John Herrera, Randee Haven- O'Donnell, and
Dan Coleman
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE
PERMANENT AGENDA FILE IN THE CLERK'S OFFICE.
7:39:41 PM
A. OPENING REMARKS FROM THE CHAIR AND MAYORS
Commissioner Jacobs said that Chair Carey had an organizational conflict tonight and is out
of town.
B. PUBLIC CHARGE
. The Chair dispensed with the reading of the public charge.
C. PUBLIC HEARING ITEMS
1. Homestead Twin Towns Zoning Atlas Amendment and Conditional Use Permit
Request by Capkov Ventures, Inc. to rezone 21.5 acres of land at the southwest comer
of Homestead Road and Seawell School Road from Residential -2 (R -2) to Residential -4-
Conditional (R -4-C).
Chapel Hill Planning Director J. B. Culpepper said that this is a zoning atlas amendment.
She described the property on the map. The property is 21.5 acres located in the southwest
7
recommendation specifically says to encourage regional cooperation, particularly with Orange
County and Carrboro, to address the provision of services and infrastructure in the northwest
area. He said that this proposed change allows Orange County to provide and to promote
public services.
Chapel Hill Mayor Kevin Foy said that the Chapel Hill Town Council has already heard
this presentation and they have registered their questions.
Public Comment:
Rev. Campbell said that he is still talking about traffic. He said that this area would be
really congested, and he asked if there was a possibility to move this facility from the location it
is in now to about 500 -1000 yards away. He said that this proposed site is at the crossroads of
Millhouse and a stoplight, and this access will impede the flow of traffic going in both directions.
He asked how traffic would be controlled here where there is very light visibility of law
enforcement.
Tony Whitaker said that the County has purchased this property for this facility. He said
that the staff has spent a lot of time on this site in discovering the best location for a driveway
and for safety. He said that this access would be the furthest point away from the railroad track
and the signal light. He showed a map of the site. There is an environmentally sensitive area
on the westernmost end, so this will be avoided. He said that this driveway is a safe location,
from a visibility perspective and from a spacing perspective. There is a proposal to install a left -
turn lane for westbound traffic.
Mayor Foy asked about the projected traffic volume generated by the project and Tony
Whitaker said that this was studied and proposed to the Town of Chapel Hill's Traffic Engineer.
Generally, they believe that during the weekdays, the site will receive about 200 trips per day.
On the weekend, there will be about 220 trips per day.
Barbara Deal is a property owner at the end of the private road that comes off of
Eubanks Road. She asked if the private road would be used as access to the animal shelter.
She understands that by the County purchasing the tract that it has the right to enter and leave
on the private road. She said that if this were going to be used, she would hope that the road
would be paved because this is a dirt road. She asked if this would be the main egress, or if
there would be another entrance off of Eubanks Road.
Tony Whitaker pointed out the road on a map. He said that the hope was that it would
be reasonable to use this road on a very limited basis. He has heard many concerns about it,
so the applicant has decided not to use the road at all.
A motion was made by Bill Strom, seconded by Sally Greene to close the public hearing
and refer to Chapel Hill staff.
VOTE: UNANIMOUS
Craig Benedict said that, based on the timeframe, there may be an opportunity to bring
this to the Orange County Planning Board on September*5 h and then Chapel Hill could have its
decision date on September 10th. The Board of County Commissioners could then hear it on
September 19th.
A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to
close the public hearing and refer it to the Planning Board on September 5th, for a
recommendation back to the County Commissioners on September 19th.
VOTE: UNANIMOUS
Summary of the Chanel Hill and Joint Planning Area Land Use Plans
A Joint Planning Area Land Use Plan was adopted in 1986. Chapel Hill has since adopted
a new Land Use Plan in May 2000 which Orange County adopted as an amendment to the
1986 Joint Planning Area Land Use Plan effective October 1, 2003.
The application site is located on the south side of Eubanks Road between the Orange
County Landfill and Millhouse Road. The Joint Planning Area Land Use Plan, as amended,
in this location is designated as "Low Residential ", 1-4 units per acre.
Zoning Atlas Amendments
The zoning designation of a property determines the range of land uses and development
intensities permitted on the property. A Zoning Atlas Amendment involves a change to the
current zoning, and thus the permitted types and intensity of land uses. In accordance with
the Town of Chapel Hill's Land Use Management Ordinance, a rezoning may be requested
in two ways: general use and conditional use rezoning requests.
A general use rezoning request is a proposal to change the zoning to a different zoning
district in which any of several kinds of developments and uses are permissible. A
conditional use rezoning request is a proposal to allow development and uses only with (1)
specific limitations, and (2) the approval of a Special Use Permit. The Homestead Twin
Towns rezoning application is a conditional use rezoning request. Consequently, if the
Homestead Twin Towns conditional use rezoning request were to be approved, the
applicant would still need to receive approval for a Special Use Permit application from the
Town of Chapel Hill, prior to the proposed development actually occurring on the site. If a
Special Use Permit issued for a Conditional Use District is abandoned, revoked, or void, the
conditions use zoning also becomes void and the property reverts back to the previous
zoning district.
Article 4.4 of the Town of Chapel Hill's Land Use Management Ordinance establishes the
intent of Zoning Atlas Amendments by stating that, "In order to establish and maintain
sound; stable,. and desirable development, within the planning jurisdiction of the Town it is
intended that this chapter shall not be amended except:
a) to correct a manifest error in the chapter; or
b) because of changed or changing conditions in a particular area or in the
jurisdiction generally; or
c) to achieve the purposes of the Comprehensive Plan."
Article 4.4 further indicates:
"It is further intended that, if amended, this chapter be amended only as
reasonably necessary to the promotion of the public health, safety, or general
welfare, and in conformance with the Comprehensive Plan."
As related to conditional use zoning, Article 4.4 of the Land Use Management Ordinance
stipulates that:
11
Staff Comment: We believe the information in the record thus far can be summarized as
follows:
Arguments in Support: Arguments in support of this finding as offered in the attached
applicant's Statement of Justification can be summarized as follows:
"Since the current zoning was established:
1. "To the northeast, diagonally across the Eubanks /Hillhouse intersection, a
commercial building has recently been constructed on a parcel with Mixed Use -
Office Institutional -1 zoning designation." [Applicant's Statement]
2. "Further to the north along Millhouse Road, the Town has constructed a new
Municipal Operations Facility." [Applicant's Statement]
3. "To the west, on the opposite side of the existing landfill, Orange County is currently
developing a new Solid Waste Operations Facility." [Applicant's Statement]
Arguments in Opposition: No arguments in opposition have been submitted to date.
C) A rezoning is justified to achieve the purposes of the Comprehensive Plan.
Staff Comment: We believe the information in the record thus far can be summarized as
follows:
Arguments in Support: Arguments in support of this finding as offered in the attached
applicant's Statement of Justification can be summarized as follows:
• "The applicant believes the requested zoning amendment is necessary for the subject
property to allow the County to provide comprehensive animal services at the
appropriate level of quality." [Applicant's Statement]
• "Infrastructure improvements will serve public purposes by providing critical public utility
service to this important Focus Area." [Applicant's Statement]
Arguments in Opposition: No arguments in opposition have been submitted to date.
Preliminary Recommendation
The Planning staffs of Chapel Hill and Orange County recommend approval of the proposed
amendment to the Joint Planning Area Zoning Atlas. We believe that this rezoning could be
justified based on the finding that a rezoning would achieve the purposes of the Chapel Hill
Comprehensive Plan. Our preliminary recommendation is that the Orange County
Commissioners and Chapel Hill Town Council adopt the attached ordinance, rezoning the
property from Residential -1 (R -1) to Office /Institutional -1- Conditional (0I -1 -C). We note that
further evidence may be submitted at the Public Hearing.
13
further to the north along Hillhouse Road, the Town has constructed a new Municipal
Operations Facility. Lastly, to.the west, on the opposite side of the existing landfill,
Orange County is currently developing a new Solid Waste Operations Facility. -
Clearly, the subject area is undergoing a well-planned and orderly transition to a more
service- oriented character. The requested zoning is similar to current zoning of much of
the area, including several adjacent .parcels. In addition,. the proposed land use will be
compatible with current and emerging land usage patterns in the area, and will provide a
valuable service facility for Town.citizens and for the County at large.
COMPREHENSIVE PLAN
The proposed land use is consistent with a significant recommendation of the Town's
adopted Comprehensive Plan. The Plan identifies the general area around the subject
property as the Northwest Focus. Area. One-recommendation.of, the Plagis to
"Encourage regional cooperation. particularly with Orange County and.Carrbo% to
address the provision of services and infisstruc Wre in the Northwest Area." (Appendix B,
Chapter 4i Paragraph 4.4).
Based on studies of geographic, demographic, transpoitation, and other parameters,
Orange County has determined that the Northwest Area of Chapel Dill, and the subject
property in particular, is strategically suited for the location- and provision of this -
important public* service. Further, the Applicant believes that the requested inning
amendment is necessary for the subject property, to allow the County to provide
comprehensive animal services at the appropriate level of quality.
Orange County proposes to install public utility improvements as necessary fdr the proper
operation of this facility. Consistent with the recommendations of the Comprehensive
Plan, these infrastructure improvements will serve public purposes by providing critical
public utility service to this important Focus Area.
SM MARY
The requested zoning amendment will allow Orange County to provide comprehensive
and high- quality' animal services, including sheltering, adoption, animal control, public
outreach, and related activities, to citizens of the Town of Chapel Hill and Orange County
at Imp. The requested zoning classification and corresponding land use will be
compatible with current and emerging patterns in the area. In addition, the requested
zoning.amendment will comply with an important recommendation of the Town's
Comprehensive Plan. Further, the Applicant will accept Conditional Use zoning in order
to subject usage of the property to specific conditions attached to a Special Use Permit.
15
applicant construct a left turn lane into the site driveway. At the Public Hearing, the applicant
expressed a concern over the required road improvements. and requested flexibility to continue
working with staff and the North Carolina Department of Transportation to evaluate the required
improvements.
Comment: Following the Public Hearing, the Town staff, the North Carolina. Department of
Transportation, and the applicant met and revisited the issue of roadway improvements around
the site. With the recommendation to include curb and gutter along the frontage, a Town design
standard, the North Carolina Department of Transportation requires the construction of 12 foot
travel lanes, instead of our earlier recommendation of 11 foot travel lanes. Based on these
discussions, we summarize the revised recommendations for roadway improvements along the
site's frontage:
• Pavement widening to allow for two 12 -foot wide travel lanes, left turn lane, a 4 -foot
wide bicycle lane, curb and gutter, sidewalk, and 3 -foot utility strip from the property's
western boundary to a point just west of Genestu Drive subject to the North Carolina
Department of Transportation and Town Manager approval.
• Dedicate half of an 80 -foot right -of -way.
• A 50 -foot left turn lane into the site driveway.
We understand that the applicant has agreed with these revised conditions. The applicant has
also proposed moving the site driveway location slightly to the west to provide additional
distance for the pavement widening tapers to avoid conflicting with the railroad crossing. These
recommended roadway improvements, including the relocated driveway, are shown on the
attached revised site plans dated August 29, 2007.
2. Bicycle lane width: During the Public Hearing a Council Member asked staff to explain why
staff is recommending a 4 foot wide bicycle lane.
Comment: The Town standard bicycle lane is 4 foot wide for collector and arterial streets, not
including the 30 inch wide concrete curb & gutter. This standard is shown in the Town's Design
Manual and Standard Details. However, dependent on the adjacent vehicle lane width bicycle
lane widths may increase to 5 feet. If bicycle lanes are requested on State maintained roads such
as Eubanks Road the State will allow a 4 foot wide bicycle lane when the adjacent vehicle lane is
12 feet or greater. If the travel lane is less than 12 feet wide then a 5 foot bike lane is the
minimum width necessary to meet the State's standard. Because the North Carolina Department
of Transportation is requiring 12 foot wide lanes, along the frontage of this site we believe a 4
foot wide bicycle lane is appropriate at this location.
3. On -site future utility improvements: The Public Hearing plans identified a future 30 -foot
wide OWASA sewer easement, traversing the western boundary of the site, intended to
provide OWASA service to future development to the south. The revised plans, before the
Council tonight, all reference to the future sewer easement have been removed.
17
Comment: Land Use Management Ordinance Section 5.9.6 requires that at least 35 percent of
the parlang area surface be shaded on noon on August 21 when the vegetation matures. The
applicant will be required to demonstrate compliance with this regulation during final plan
review.
7. Genestu Drive Improvements: At the Zoning Atlas Amendment Public Hearing, a citizen
requested information regarding improvements for Genestu Drive.
Comment: Genestu Drive is a private access easement providing access to several properties
located to the south of the proposed Orange County Animal Services Facility. Initially, the
applicant was .proposing to use Genestu Drive to access a portion of the site. However, the
applicant has revised the site plan and is not proposing to provide any access from Genestu
Drive. We are not recommending any improvements to Genestu Drive.
EVALUATION OF THE APPLICATION
The standard for review and approval of a Special Use Permit application involves consideration
of four findings of fact that the Council must consider for granting a Special Use Permit. Based
on the evidence that is accumulated during the Public Hearing, the Council will consider whether
it can make each of the four required findings for the approval of a Special Use Permit. If, after
consideration of the evidence submitted at the Public Hearing, the Council decides that it can
make each of the four findings, the Land Use Management Ordinance directs that the Special
Use Permit shall then be approved. If the Council decides that the evidence does not support
making one or more of the findings, then the application cannot be approved and, accordingly,
should be denied by the Council
Tonight, based on the evidence in the record thus far, we provide the following evaluation of this
application based on the four findings of facts that the Council must consider for granting a
Special Use Permit. We believe the evidence in the record to date can be summarized as
follows:
Finding 41: That the use or development is located, designed, and proposed to be operated
so as to maintain or promote the public health, safety, and general welfare.
Evidence in support: Evidence in support of this finding includes the following point from the
applicant's Statement of Justification:
"The proposed building will house all functions under one roof, providing greater efficiency,
improved oversight and additional space to deal with an animal population that grows
steadily along with the county's people population." [Applicant's Statement]
Evidence in opposition: We have not identified any evidence offered in opposition to Finding
#l.
Finding #2: That the use or development complies with all required regulations and
standards of the Land Use Management Ordinance, including all applicable provisions of
19
Evidence in opposition: We have not identified any evidence offered in opposition to Finding
#4.
We anticipate that further evidence may be presented for the Council's consideration as part of
the continued Public Hearing process. Please see the applicant's Statement of Justification for
additional evidence in support of the four findings.
MODIFICATIONS TO THE REGULATIONS
The Town staff recommends modification to the regulations in the Land Use Management
Ordinance for the issue identified below.
Minimum Parking Requirements: We .understand the applicant is requesting modification to
parking requirements (Section 5.9.7) of the Land Use Management Ordinance to allow a
reduction in the minimum parking requirement. Based on the proposed land use, a Public Use
Facility, one parking space per 350 square feet of floor area, 69 spaces, is required.
Comment: The Council has the ability to modify the regulations, according to Section 4.5.6 in
the Land Use Management Ordinance. We recommend that the Council modify the regulations
in this case. The applicant states that they need 49 spaces to meet their operational and public
service objectives. The facility anticipates approximately 30 employees, plus animal control
officers, volunteers, veterinarians, and general public. The site plan before the Council tonight
includes 49 parking spaces. We believe the applicant's assessment is reasonable and recommend
49 parking spaces as the maximum number of parking spaces for this site. We believe that the
Council could make a finding that public purposes are satisfied to an equivalent or greater degree
because of the unique nature of this application.
SUMMARY
We have attached a revised resolution that includes standard conditions of approval as well as
special conditions that we recommend for this application. With these conditions, we believe
that the Council could make the findings regarding health, safety and general welfare, and
consistency with the Comprehensive Plan. The Manager's recommendation incorporates input
from all Town departments involved in review of the application.
RECOMMENDATIONS
Transportation Board: The Transportation Board met on June 14, 2007 and voted 6 -0 to
recommend that the Council adopt Resolution A as attached to the staff report, with the
following change:
• Eubanks Road Sidewalk: That the sidewalk should be constructed along the Eubanks
Road frontage but not extending into the Norfolk Southern Railroad right -of -way.
Comment. Subsequent to the Transportation Board meeting, Orange County has determined that
the property does not extend into the railroad right -of -way.
21
ORANGE COUNTY ANLWAL SERVICES FACILITYSPECL4L USE PERMIT
Differences Between Recommendations
Staff's
Planning
Bike &
Transportation
Community
ISSUES
Revised
Board
Pedestrian
BOA
Design
Advisory
Commission
Board
Between
Eubanks Road
Entire frontage
railroad ROW
and east side of
N/A
N/A
N/A
sidewalk
proposed
driveway
Eubanks Road ROW
Half of 80 -foot
N/A
N/A
N/A
N/A
width
width
Eubanks Road
Half of 41 -foot
N/A
N/A
N/A
N/A
cross - section
section
Roadway improvement
within railroad right-
No
No
of-way
N/A
No
N/A
Yes (improves
Move driveway to the
driver safety at left
N /`�
west: further into RCD
turn lane; complies
N/A
N/A
N/A
with NDCO
Yes, but obligates
Remove OWASA
the easement when
N/A
N/A
N/A
N/A
easement
location is
determined
Impervious
Does not include
area within
N/A
N/A
N/A
N/A
Surface Limits
Genestu Dr
30' adjacent to
Minimum
railroad
required
Eastern buffer width
20'adjacent to
buffers or
N/A
N/A
N/A
private property
alternate buffer
approval
Exotic Invasive Plants
Delete from plant
N/A
N/A
N/A
N/A
list
0 *1
ADOPTED RESOLUTION
(Approving the Special Use Permit Application)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE
PERMIT PUBLIC USE FACILITY FOR THE ORANGE COUNTY AND4AL
SERVICES FACILITY (2007 -09 -10/R 11a)
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the
Special Use Permit application proposed by Orange County, on property identified as
Orange County Parcel Identifier Numbers 9870 -77 -4584; if developed according to the
site plans dated January 22, 2007 revised August 15, 2007 and August 29, 2007 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 Land Use Management
Ordinance;
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 Land Use Management Ordinance and in the Comprehensive
Plan.
BE IT FURTHER RESOLVED by the Town Council of Chapel Hill that it finds, in this
particular case, that the following modification satisfies public purposes to an equivalent
or greater degree:
1. Modification of Article 5.9 of the Land Use Management Ordinance, to allow a
reduction in the minimum parking requirements for this Public Use Facility.
This finding is based on a determination that public purposes are satisfied to an
equivalent or greater degree because of this particular use is a public use facility that has
less need for parking than many other public uses.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application
for a Special Use Permit for the Orange County Animal Services Facility in accordance
with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. That construction begin by September 10, 2009 and be completed by September 10,
2012.
25
11. Parking, Spaces: That the number of parking spaces be limited to 49 parking spaces.
12. Parking Lot Design: That all parking lots shall be designed and constructed to meet
Town standard unless an alternative design is approved by the Town Manager.
13. Parking Lot Li tine: That all parking lot lighting shall be designed to use low
dispersion lighting technology, where possible, in a manner that seeks to have zero
light dispersion off the property. That the final lighting Plan shall be certified by a
Professional Engineer with demonstrable expertise in lighting design and mitigation
strategies. That the plan shall be reviewed and approved by the Town Manager prior
to the issuance of a Zoning Compliance Permit.
14. Pavement Markings: That all pavement markings be reviewed and approved by the
Town Manager prior to issuance of a Zoning Compliance Permit.
Stipulations Related to Landscaping and Architecture
15. Required Buffers: That the following landscape bufferyards shall be provided. If any
existing vegetation is to be used to satisfy the buffer requirement, the vegetation shall
be protected by fencing from adjacent construction:
Location
Required Buffers
Southern Boundary
20' Type `C'
Western Boundary
10' Type `B'
Northern Boundary
20' Type `C'
Eastern Boundary
30' Type `D'- adjacent to
railroad right -of -way
20' Type `C' —adjacent to
private property
16. Undisturbed Buffers: That the east and west bufferyards shall remain generally
undisturbed. That a landscaping replanting plan shall be reviewed and approved by
the Town Manager for any vegetative portion of the east or west bufferyards that are
impacted by land disturbance activities. That no stormwater control structures shall
be placed in any landscape buffer areas.
17. Exotic Invasive Plants: Remove Lonicera fragrantissima and Pennisetum
alopecuroides from the plant list.
18. Utility Easements: All utility easements shall be located outside the required buffers
unless they provide a perpendicular crossing.
'FAFl
d. That the Energy Management Plan include consideration of the purchase of
carbon offset credits and green power production through coordination with the
NC GreenPower program, and
e. That the Energy Management Plan shall provide for an acceptable level of
increased energy efficiency that ensures indoor air quality and adequate access to
natural lighting, and allows for the proposed utilization of sustainable energy in a
development.
L That the property owner report to the Town of Chapel Hill the actual energy
efficiency achieved during the period ending one year after occupancy.
Stipulations Related to Environment
24. Impervious Surface Area: That the maximum amount of impervious surface area
authorized for the proposed development shall not exceed 78,000 square feet. That
the existing and/or future impervious surface area associated with Genestu Drive shall
not be counted against this impervious surface area_ That the total amount of
impervious surface area permitted on this site, including Genestu Drive, shall not
exceed 70% of the gross land area.
25. Stormwater Management Plan: That prior to the issuance of a Zoning Compliance
Permit, the applicant shall submit a Stormwater Management Plan for review and
approval by the Town Manager.
The plan shall be based on the 1 -year, 2 -year, and 25 -year frequency, 24 -hour
duration storms, where the post - development stormwater run -off rate shall not
exceed the pre - development rate and the post - development stormwater runoff
volume shall not exceed the pre- development volume for the local. 2 -year frequency,
24 -hour duration storm event. Engineered stormwater facilities shall also remove 85
percent total suspended solids and treat the first inch of precipitation utilizing NC
Division of Water Quality design standards.
26. Stormwater Operations and Maintenance Plan: That a Stormwater Operations and
Maintenance Plan shall be provided for the proposed stormwater management
facilities and submitted to the Stormwater Management Engineer for approval prior to
receiving a Zoning Compliance Permit. A schedule of inspection and maintenance
tasks shall be included. A maintenance covenant shall be included as part of the plan
and recorded at the office of the County Register of Deeds prior to occupying the
building.
-27. Stormwater Facility Prohibited in the Public Right -of -Way: That all
detention/retention basins, stormwater facilities and associated infrastructure be
located outside of existing or proposed rights -of -way as well as outside of all building
setbacks.
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features shall be minimized as much as practical. That the erosion control features
shall be removed and the area replanted once the erosion control devices are no
longer required.
35. Boundaries: That the boundaries of the Resource Conservation District be indicated
on the final plat and plan. A note shall be added to all final plats and final plans,
indicating, "Development shall be restricted within the Resource Conservation
District in accordance with the Chapel Hill Land Use Management Ordinance."
36. Construction Standards: That for encroachment(s) into the Resource Conservation
District, the requirements and standards of Section 3.6.3(g) of the Land Use
Management Ordinance, including minimization of land disturbance, and all other
applicable Resource Conservation District regulations must be adhered to.
Stipulations Related to Utility and Service
37. Solid Waste Mgngggment Plan: That a Solid Waste Management Plan, including
provisions for recycling, and for managing and minimizing construction debris, shall
be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
38. Solid Waste Final Plan Details: That final plans shall include dimensioned details as
well as appropriate signage and lighting for the refuse area if necessary, subject to
Town Manager approval, prior to issuance of a Zoning Compliance Permit. That final
plans shall also include the following notes:
a. By Orange County Ordinance, clean wood waste, scrap metal and corrugated
cardboard, all present in construction waste, shall be recycled,
b. By Orange County Ordinance, all haulers of construction waste shall be properly
licensed; and
c. Prior to any demolition or construction activity on site the applicant shall hold a
pre- demolition/pre- construction conference with the County's Solid Waste staff.
This may be the same meeting held with other development officials.
39. Heavy Duty Pavement: That the applicant shall provide heavy -duty pavement for
service vehicles across drive aisles access routes to refuse container(s), subject to
Town Manager approval.
40.Overhead Obstruction/Utility Lines: That the final plans shall include details
verifying that no overhead obstruction or utility wires will interfere with service
vehicle access or operation.
41. la iVai htin g Plan Approval: That the final Utility/Lighting Plan shall be approved
by Duke Energy Company, Orange Water and Sewer Authority, BellSouth, Public
Service Company, Time Warner Cable, and the Town Manager prior to issuance of a
Zoning Compliance Permit.
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indicating how pedestrian movements, including pedestrians using the existing transit
system, will be safely maintained. At least 5 working days prior to any proposed
lane or street closure the applicant must apply to the Town Manager for a lane or
street closure permit.
51. Off-Site Construction Easement: That prior to issuance of a Zoning Compliance
Permit, unless modified by the Town Manger, it will be necessary to provide
construction easements for all off -site work not located within the public right -of -way
or recorded utility easement.
52. Joint Planning Area: That prior to issuance of a Zoning Compliance Permit, that the
applicant provide a clerk certified copy of the County Commissioners rezoning
resolution.
53. Plant Rescue: That the applicant consider conducting plant rescue activities on the
site prior to initiation of development activity.
54.Onen Burning: That the open burning of trees, limbs, stumps and construction debris
association with this development is prohibited.
55. Detailed Plans: That final detailed site plans, grading plans, utility/lighting plans,
stormwater management plans (with hydrologic calculations), and landscape plans
and landscape maintenance plans be approved by the Town Manager prior to issuance
of a Zoning Compliance Permit, and that such plans conform to the plans approved
by this application and demonstrate compliance with all applicable conditions and the
design standards of the Land Use Management Ordinance and the Design Manual.
56. As -Built Plans: That -as-built plans in DWF binary format using State plane
coordinates, shall be provided for street improvements and all other existing or
proposed impervious surfaces prior to occupying the building.
57. Certificates of Occupancy: That the building shall not be occupied until all required
public improvements are completed. A note to this effect shall be placed on the final
plans and plat. That this stipulation may be modified by the Town Manager with an
approved phasing plan.
58. Construction Si en: That the applicant shall post a construction sign at the site that
lists the property owner's representative and telephone number, the contractor's
representative and telephone number, and a telephone number for regulatory
information at the time of issuance of a Building Permit, prior to the commencement
of any land disturbing activities. 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. That a detail of
the sign shall be reviewed and approved by the Town Manager prior to the issuance
of a Zoning Compliance Permit.
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ADOPTED ORDINANCE
AN ORDINANCE AMENDING THE CHAPEL HILL ZONING ATLAS FOR THE
ORANGE COUNTY ANIMAL SERVICES FACILITY DEVELOPMENT (Orange
County Parcel Identifier Number 9870 - 774584) (2007 -09- 10/0 -7)
WHEREAS, the Council of the Town of Chapel Hill has considered the application of the
Orange County Animal Services Facility, to amend the Zoning Atlas to rezone property described
below from Residential -1 (R -1) to Office / Institutional -l-Conditional (OI -1 -C) zoning, and finds
that the amendment is warranted, in order to achieve the following purpose of the
Comprehensive Plan:
Providing quality community facilities and services;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the
Chapel Hill Zoning Atlas be amended as follows:
SECTION I
That the site, identified as now or formerly Orange County Parcel Identifier Number 9870 -77-
4584, that is currently zoned Residential -1 (R-1) located on the south side Eubanks Road
between the Orange County Landfill and the Norfolk Southern Railroad, shall be rezoned to
Office/Institutional -l- Conditional (0I -1 -C).
The description of the site to be rezoned is indicated on the attached map, and extends to the
centerline of the right -of -way of Eubanks Road.
SECTION 11
That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
This the 10'' day of September, 2007.
6) C)
Plan for Pleasant Green Woods Phase 3 Subdivision, in accordance with the Resolution of
Approval, which is incorporated by reference.
VOTE: UNANIMOUS
Commissioner Jacobs said that he noticed in reading minutes of the Mebane City
Council that Councilmember'Greene had raised' concerns about Duke Power spraying
herbicides on easements, and he knows that there have been discussions in Orange County
about this. He would like to share the information with Councilmember Greene.
0
The Board considered approval of the request to rezone a 5.48 acre site on the south
side of Eubanks Road between the Orange County landfill and Millhouse Road.
Craig Benedict said that this is part of the Chapel Hill and Orange County joint planning
transition area. In order to proceed with this project, it was necessary to change the zoning
category on the zoning atlas of Chapel Hill. This was heard at a JPA meeting and has been
processed through Chapel Hill. The zoning will be taken from an Office - industrial classification
to an Office - Industrial Classification -1 Conditional Use,. The Planning Board reviewed this and
unanimously approved it.
A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to
approve the request to rezone a 5.48 -acre site on the south side of Eubanks Road between the
Orange County landfill and Millhouse Road.
VOTE: UNANIMOUS
f. Comprehensive Plan Update Phase l The Board considered recognizing that
the revised County Profile Element and draft goals, as recommended by the Planning Board,
are acceptable to be used during Phase LI to guide the completion of the remaining Elements of
the Comprehensive Plan.
Comprehensive Planning Supervisor Torn Altieri introduced this item. He said that on
August 27th at the Quarterly Public Hearing, public comments were heard on the draft goals and
County profile element. The County Commissioners referred these items to the Planning Board
for its recommendation. At the Planning Board's September 5`h meeting, it discussed and
considered all public comments and recommended revisions to the Comprehensive Plan Draft
Goals and County Profile Element in response. A summary of the revisions was included in
abstract (pp. 2 -3). The Planning Board unanimously approved these revised goals. There were
two additional actions that passed. The first motion states that the Planning Board looked at all
of the comments from the public meetings, and the reason that the Planning Board did not
incorporate some of the suggestions made at the hearing is because some of the suggestions
related more to the objectives, which will be developed during Phase 11 of the process. The
second motion was in the form of a resolution. It relates to preserving and strengthening
community in Orange. County. He made reference to the attachments in the packet, and
reviewed these by title.
Commissioner Gordon asked for clarification on the recommendation and that staff is
only asking the Board to approve moving forward with the draft goals and County profile
element, but is not asking the Commissioners to approve them. Tom Altieri said that the
Planning Board did discuss this and wanted to stress that these goals are generally acceptable
to guide Phase II of the process, but they will not be approved until later.
Chair Carey agreed with the Planning Board and its decision about the comments. He
said that he would defer to the Planning Board's judgment. Regarding community building, he
wonders if this is appropriate in this document. He thinks that this might be more appropriate as