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HomeMy WebLinkAboutAgenda - 09-19-2007-6eORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 19, 2007 Action Agenda Item No. ~ -' E'. SUBJECT: Animal Services Facility -Chapel Hill Joint Planning Transition Area Zoning Atlas Amendment (JPA-CH-Z-2-07) DEPARTMENT: Planning Department PUBIC 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 (OI-1-C) zoning district. Existing zoning allows a Public Service facility but has a maximum floor area ratio of 0.076. OI-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. Two members of the public spoke at the April 26, 2007 Joint Planning Public Hearing (approved hearing minutes are attached). The first speaker expressed concern about increased traffic congestion and intersection safety. The project engineer stated that much time had been spent analyzing the best location for the driveway and that it was at a safe location from a visibility and spacing perspective. The second speaker asked if an existing private road off Eubanks would be used for access to the shelter and if so, would it be paved. The project engineer responded that he had heard many concerns about the road and that the applicant had decided not to use it for access to the facility. The Orange County Planning Board considered this item at their September 5, 2007 meeting. Nine members were in attendance and voted unanimously to recommend approval. The Chapel Hill Town Council voted unanimously to approve the rezoning at their regular meeting on September 10, 2007. The Town Council also approved the Special Use Permit. Copies of both resolutions are included as attachments. FINANCIAL IMPACT: There is no direct financial impact in amending the Zoning Atlas. Staff time has been accounted for in the departmental budget. RECOMMENDATION: The Administration recommends that the Board approve the rezoning from Chapel Hill R-1 to Chapel Hill OI-1-C for the Animal Services Facility. 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 (OI-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 r Orange County Animal Services Facility ~~- ~ Proposed Zoning Atlas Amendment to office Institutional 1-Conditional Zoning from Residential 1 Zoning RT JPA Q o NICP-R-1 J P'A ~,`~e ~ Old 000 Landfill Proposed Rezoning of Animal Sewices Facility Site & ~ abutting right-af--way _! ____~ ~~~ ~ _~~ Landfill a <~ ~T n ~~A V 0 t a ~-1 ~~~ ~ U '~0-1 Town ParW Ride Lof ~~ ~~ ~„ ~ -; 'O~ '~ C~ 0 Proposed Chapel Watch Village R -2 J PEA Town of Chapel Hill Zoning Districfs: l~ Area Proposed to be Rezoned RT ° Rural Transition t/~, to OI-1-C from R-1 (Very Low Intensify Res.: 0.4 units/acre) N R-1 =Residential - 1 [~ Buildings (Low Intensity Res.: up to 2.5 units/acre) 200 0 200 Feet ~ Cha el Cit Limits p y R-2 =Residential - 2 (Medium Intensity Res.: up to 4 units/acre) •~-~, ®, R Chapel HiII Zoning MU-OI-1 =Mixed Use Office/Institutional, GIS Map prepared by Chapel Nill Planning o r JPA Joint Planning Area Low Intensity MU-R-1 =Mixed Use Residential, Low Intensity March, 2007 JPA =Joint Planning Area ~~ ~- Ml-~~O -1 A Chapel /ndusfrial F C3 6V1 U- 0-1 DLke Energy Subsfafion 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 COMMISSIONER$ 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 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 Zonina Atlas Amendment and Conditional Use Permit Request by Capkov Ventures, Inc. to rezone 21.5 acres of land at the southwest corner 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 6 location of the homes. Phil Post from Capkov pointed out the site on the map. He said that there is a waterline on Rogers Road. Each lot has frontage on the sewer manhole. He said that the two homes are in very good condition and they will be reused and upgraded. Rev. Campbell asked if these homes would be made affordable homes. Eric Chupp said that they would be market rate homes. Rev. Campbell said that this would be moving homes into a neighborhood where no one in the neighborhood can afford them. Eric Chupp said that they would be moderately priced homes that were built in the 1960's. Rev. Campbell said that this neighborhood will impact the traffic flow all the way down Rogers Road and Homestead Road. He asked about the intersection at Seawell School and Homestead Road and if there would be any widening. Phil Post said that there would be a continuous three-lane section through this area. In addition, there will be bike lanes and sidewalks. Rev. Campbell asked if anyone had looked at the possibility of a crossing guard for the schools. Eric Chupp said that this is an excellent suggestion and they will do this. Ed Harrison arrived at 8:00 PM. Katrina Ryan said that she lives 1,050 feet from the entrance to Twin Towns. She said that the neighborhood is fine with this development, but the turn on Homestead Road is a blind curve and is not an opportune spot for a large entrance and exit. Phil Post said that this has been carefully studied and Homestead Road is a DOT road, so there have been a lot of on-site meetings about this. He said that Duke Power had plans to relocate the power lines and when Duke Power enhances the lines, some vegetation will be removed. He said that they will widen the road to three lanes and the sight distance will be very safe after all of these improvements, even beyond the minimum standards for DOT. Orange County Planning Director Craig Benedict said that the staff recommendation is that this proceeds further to the Chapel Hill Town Council on May 21, 2007; to the Orange County Planning Board on June 6, 2007; and the Board of County Commissioners on June 26, 2007. He said that if, in any event, the special use permit in Chapel Hill is not followed through, the rezoning reverts back to the original zoning. A motion was made by Bill Strom, seconded by Jim Ward to close the public hearing and refer to staff. VOTE: UNANIMOUS A motion was made by Commissioner Foushee, seconded by Commissioner Gordon to close the public hearing and refer this to the Orange County Planning Board for consideration on June 6, 2007 for a recommendation back to the County Commissioners on June 26, 2007. VOTE: UNANIMOUS 2. Animal Services Facility Zonina Atlas Amendment Request by Orange County to rezone 5.96 acres of property on the south side of Eubanks Road west of Millhouse Road from Residential-1 to Office Institutional-1 Conditional to accommodate the construction of an animal services facility. J. B. Culpepper said that the reason for the zoning change is similar to the previous item. This facility is a public use facility and the floor area allowed is smaller than is allowed. Tony Whitaker was representing Orange County tonight and he said that he appreciated comments from Chapel Hill. He said that Orange County operates three separate facilities for animal sheltering and adoption, animal control, and administration and it wants to consolidate functions into a location under one roof. This rezoning will provide the conditions that would allow this to happen. He said that he believes the zoning is justified. There are landfill and public facilities close to this site and this area is moving towards a public service area rather than a residential area. He said that this facility does conform to one of the stated recommendations of the Town of Chapel Hill's adopted comprehensive plan. This 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 aleft- 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~5th 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 8 MEMORANDUM To: Orange County Board of Commissioners Chapel Hill Town Council, Orange County Planning Board Laura Blackmon, Orange County Manager Roger L. Stancil, Chapel Hill Town Manager FROM: Orange County Planning Staff Chapel Hill Planning Staff DATE: April 26, 2007 SUBJECT: Joint Planning Area Public Hearing, 04-26-07: ORANGE COUNTY ANIMAL SERVICES FACILITY ZONING ATLAS AMENDMENT - Proposed Amendment to the Joint Planning Area Zoning Atlas A request has been submitted to the Town of Chapel Hill for a Zoning Atlas Amendment for a 5.96-acre site located at the south side of Eubanks Road between the Orange County landfill and Millhouse Road. The site is located in the Residential-1 (R-1) zoning district with a portion in the Resource Conservation District. The applicant is proposing to rezone the site to Office/Institutional-1-Conditional (OI-1-C). The site is identified as being all or a portion of Orange County Parcel Identifier Number 9870774584 and is located in Orange County, outside the Town Limits of Chapel Hill. Background On March 21, 2007, the Town of Chapel Hill received an application for a. Zoning Atlas Amendment to rezone 5.96 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 Property Identifier Number 9870774584. A Special Use Permit application has also been submitted. The applicant has requested that the site be rezoned from Residential-1 (R-1) to the Office/Institutional-1-Conditional (OI-1-C) zoning district. The existing Residential-1 zoning district allows a Public Service facility but has a maximum floor area ratio of 0.076. The proposed zoning .district, Office/Institutional-1-Conditional (OI-1-C), allows a maximum floor area ratio of 0.264. The "conditional" designation means that, if the rezoning is approved, no development may occur on the property unless the Chapel Hill Town Council approves a Special Use Permit. The application received by the Town for the proposed Special Use Permit has been tentatively scheduled for a public hearing on June 18, 2007. 9 Summary of the Chapel 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: 10 "Pursuant to North Carolina General Statutes Section 160A-382, a request for rezoning to a conditional use district may be made only by application from the owner(s) of all the property included in the area proposed to be rezoned. An application for rezoning to a conditional use district may include a request by the property owner(s) to limit the uses allowed with approval of a Special Use Permit. An application for rezoning to a conditional use district may be accompanied by an application for a Special Use Permit, as provided in Section 4_5 of this Chapter, and may be reviewed concurrently with the Special Use Permit application; provided, however, that the Special Use Permit application shall be approved separately as provided in Section 4_5 of this Chapter." The Orange County Board of Commissioners and the Chapel Hill Town Council have discretionary authority to approve or deny the rezoning request. Existing Zoning The site is presently zoned Residential-1 (R-1), which is a low density residential zoning district. The Residential-1 zoning district requires a 17,000 square foot minimum lot size, establishes a floor area ratio of 0.076, and establishes a density cap not to exceed 3 units per acre. Proposed Amendment to the-Joint Planning Area Zoning Atlas The applicant has submitted a Zoning Atlas Amendment requesting that the site be rezoned from Residential-1 (R-1) to the Office/Institutional-1-Conditional (OI-1-C) zoning district. The Office/Institutional-1-Conditional zoning district requires a 5,500 square foot minimum lot size, establishes a floor area ratio of 0.264, and establishes a density cap not to exceed 10 units per acre. Discussion Analysis of this application is organized around the requirement of the Land Use Management Ordinance that Article 4 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. A) A rezoning is justified to correct a manifest error. Staff Comment: We believe the information in the record to date can be summarized as follows: Arguments in Support: We were unable to identify any arguments in support. Arguments in Opposition: We were unable to identify any arguments in opposition. B) A rezoning is justified because of changed or changing conditions in a particular area or in the jurisdiction generally. `>-d'unymh~m:i~c 1'I;umin;~ I~i~ (~INI~ 'u~i? IitSi ~. ~1,~rnil;iy.;~~i I~~~\nini.~l •;cnii. ~:; f~,i!~ili~ ~'1I'~I;ill?iciuu_~lui. 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/Millhouse 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: a "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 (OI-1-C). We note that further evidence may be submitted at the Public Hearing. ~~ ~.,ny l I, ~. rn ~,e 'I;nn~u~~.~!~~i~ ' 11 ~ I :n itu~ ~ yin l,,_ i~~ ~. i~;tl l~a~l ~; I'.icilit I ;Ci ff~t L.i y,j, ~,: 12 BONING AMENDMENT ~ ~ ~. STATEMENT OF JUSTIFICATION ~. ~ - ~ ~ ~ For . OItANGE~COUNTY ANIMAL SERVICES FACILITY Chapel Hill •~'ownship • FTN 9879 77 4584 GENERAL (Jrange County hereby'requests azoning change far the subject property, to allow . development of a comprehensive animal services .facility. ~ The property consists of 5.96 acres, more or.less; located on the south side of Eubanks Road (SR 1727) west of the ' intersection with Hillhouse Road (SR 1725): The undeveloped.properiy.lies within'the planning jurisdiction ofthe Town of Chapel.Hill, and is currently zoned R 1. The . Applicant requests that the property's zoning be changed to OI-1-C. Concurrent with this zoning amendment request, the Applicant will also request a Special Use Permit for the property. In consideration for the zoning amendment, the Applicant is willing to accept a Conditional Use designation, which will limit usage of the~.praperty to .the specific conditions attached to the Special Use Permit. The proposed land use designation for the praject is Public Service Facility, as defined in the Town of Chapel Hill Land Use Management Ordinance. ~ . JUSTIFICATION The Applicant believes that the requested zoning amendment is justified (a) because of changed land use conditions ini the vicinity ofthe subject property, and (b) because the resulting development will achieve the purposes of the Town of Chapel Hill's adopted Comprehensive Plan. C~]CANGED CONDITIONS In recent years, land use patterns in the project area have begun to take on a more - transitional character, primarily associated with Mixed Use zoning designations. The undeveloped property to the north, across Eubanks Road, is currently zoned MU QI-1. To the northeast, diagonally across the Eubanks/Millhouse intersection, acommercial - building has recently been constructed on a parcel with a MU 4I-1 zoning designation. ~To the east, across the railroad tracks, several parcels are also zoned MU OI-1. And 13 further to the north slang 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 undergoi~pg a well=planned and orderly transition to a more service-oriented character. The requested zoning is sunilar 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~Coutriy 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.o~the Plan, is to "Encourage regional cooperation, particularly with Orange Comity and.Carrbora, to address the provision of services and infrastructure in the Northwest Area." (Appendix B, Chapter 4; Paragraph 4.4). ~ . Based on studies of geographic, demographic, transportation, and other parameters, Orange County has determined that the Northwest Area of Chapel Hill, 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 zoning 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 for 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. SUMMARY 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 eitizens of the Town of Chapel Hill and Orange County at large. 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 ofthe properiy~to specific conditions attached to a Special Use Permit. 14 AGENDA #11 c MEMORANDUM TO: Roger L. Stanch, Town Manager FROM: J.B. Culpepper, Planning Director Gene Poveromo, Development Coordinator SUBJECT: Orange County Animal Services Facility Application for Special Use Permit (File No. 9870-77-4584) DATE: September 10, 2007 INTRODUCTION Tonight the Council continues the Public Hearing from June 18, 2007 for the Orange County Animal Services Facility, a Public Use Facility, proposed to be located on the south side of Eubanks Road between the Norfolk Southern Railroad and the Orange County Landfill. Associated with this application is a proposal to rezone the site from Residential-1 (R-1) to Office/Institutional-l-Conditional (OI-1-C). Prior to providing the applicant with a copy of the Council adopted Special Use Permit document, the Orange County Commissioners must take action on the Zoning Atlas Amendment application. Please refer to the accompanying memorandum for additional information on the proposed rezoning. This package of materials has been prepared for the Council's consideration, as is organized as follows: Cover Memorandum: Provides background on the development proposal, discusses key issues, presents evidence in the record thus far in support of and in opposition to approval of the application, and offers recommendations for Council action and includes resolutions of approval and denial. . Attachments: Includes Transportation Board and Community Design Commission Stuninary of Action and other attachments applicable to this memorandum. KEY ISSUES Several key issues related to this development were raised at the Public Hearing. 1. Eubanks Road improvements: The proposed project includes frontage along the south side of Eubanks Road. We recommended at the Public Hearing that the applicant improve this portion of Eubanks Road to include half of a 37 foot wide cross-section including 11-foot travel lanes, bike lane, curb and gutter, sidewalk, and utility strip. We also recommended that the 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 siuninarize 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. 16 Comment: Subsequent to the Public Hearing, the Town staff, Orange Water and Sewer Authority, and the applicant met and revisited the issue of proposed sewer easement. Several different scenarios emerged. The Applicant has chosen to removed the "proposed sanitary sewer easement" from the Site Plan. This easement was requested by OWASA to establish a potential link in the extension of public sanitary sewer service from Eubanks Road to "properties to the south". The Applicant, Orange County, is aware that the Town Council has recently established the Rogers Road Small Area Plan Task Force, which, among other things, will study the various options for utility service to the subject area. Given this new information, the County feels that the work of this committee should be concluded before any permanent utility easements are established on County property. Orange County has been invited to participate on this Task Force, and has agreed to do so. Since the County has multiple land-holding interests in the area, future utility routes may indeed need to cross County property in order to serve other lands. The County supports long-range planning to determine the best utility options for the area, and will be a partner in this important process. OWASA has a policy that requires "all design and construction within the service area shall incorporate OWASA's long range planning objectives and shall provide for the orderly expansion of the system to adjacent properties". We believe that the proposed easement would provide the opportunity for OWASA to provide services to adjacent or upstream properties. We have revised our recommendation to obligate the applicant to provide a 30-foot sewer easement, if and when the location is determined by the Town Manager and OWASA. 4. Norfolk Southern Railroad: At the Public Hearing, we recommended that the applicant construct a portion of the Eubanks Road sidewalk within the railroad right-of--way or provide a payment-in-lieu for this portion of the sidewalk. Comment: Since the Public Hearing the applicant has determined that the land area encumbered by the railroad right-of--way is not owned by the applicant. The applicant has revised the plans to indicate the change of boundary. We have revised our recommendations to remove the stipulations requiring construction of the sidewalk within the railroad right-of--way. We have also removed the stipulation regarding impervious surface associated with the railroad right-of- way. In the accompanying Zoning Atlas Amendment memorandum, we have modified the boundaries for the proposed rezoning. 5. Invasive Exotic Plantings: The proposed project Landscape Plan includes a plant list for the proposed project. A Council member requested that invasive exotics planting selections be removed from the planting list. Comment: We have revised Resolution A to remove the two invasive exotic planting selections - Lonicera fragrantissima and Pennisetum alopecuroides. 6. Parking Lot Shading Requirement: A Council member requested additional information regarding parking lot shading requirements. 17 Comment: Land Use Management Ordinance Section 5.9.6 requires that at least 35 percent of the parking 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 siuninarized as follows: Finding #1: That. the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare Evidence in sup o~rt: 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 #1. 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 18 Articles 3 and 5, the applicable specific standards in the Supplemental Use Regulations (Article ~ and with all other applicable regulations Evidence in support: Evidence in support of this finding includes the following point from the applicant's Statement of Justification: "The Orange County Animal Services site plan is in full compliance with the Land Use Management Ordinance and other Town standards". "Based on the proposed land use, a Public Use Facility, one parking space per 350 square feet of floor area, 69 spaces, is required. 49 spaces are needed to meet operational and public service objectives". [Applicant's Statement) Evidence in ob osition: We have not identified any evidence offered in opposition to Finding #2. For discussion on the applicant's proposed modification to regulations, please refer to the Modifications to Regulations section in this memorandum. Finding #3: That the use would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use or development is a public necessity. Evidence in support: Evidence in support of this finding includes the following points from the applicant's Statement of Justification. "We define the value of the contiguous property as market value and believe that a public facility of this type will maintain the value of surrounding properties. The perimeter buffers provided along' with a well designed building and landscape will visually enhance the property. New sewer and gas service along the West side of the railroad track will benefit surrounding neighborhoods and property owners." [Applicant's Statement) Evidence in op osition: We have not identified any evidence offered in opposition to Finding #3. Finding #4: That the use or development conforms with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan. . Evidence in support: Evidence in support of this finding includes the following point from. the applicant's Statement of Justification. "Orange County and the entire design team have worked diligently to develop a site and building plan that minimizes disturbance to the site, embraces a style and palette of materials that complement the site and that is appropriate, functional, and sustainable. This is consistent with the Land Use Management Ordinance and Comprehensive Plan." [Applicant's Statement) 19 Evidence in op osition: 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. 20 Community Design Commission: The Community Design Commission met on June 20, 2007, and voted 6-0 to recommend that the Council adopt Resolution A as attached to the staff report. Revised Recommendation: We recommend that the Council approve the Special Use Permit application with the adoption of Revised Resolution A. Since the Public Hearing, the following revisions have been incorporated into Revised Resolution A: Eubanks Road Imurovements: a. Require dedication of one-half of an 80 foot right-of--way instead of one-half of a 70 foot right-of--way. b. Require half of a 41 foot cross section instead of half of a 37 foot cross section. c. Delete requirement for sidewallc improvements within the rail-road right-of--way. 2. Exotic Invasive Plants: Remove Lonicera fragrantissima and Pennisetum alopecuroides from the plant list. 3. Final Sewer Plan Approval: Approval of final sewer plan may occur after issuance of the Zoning Compliance Permit, in order to allow applicant adequate time to acquire off-site utility easements. 4. Driveway Location: Approves site plan moving driveway closer to the western property line, and further into the Resource Conservation District, to accommodate safer left hand tunzing lane design on Eubanks Road and to comply with NCDOT standards. S. OWASA Easements: That when an appropriate location for a OWASA sewer easement is determined, easement documents as required by OWASA be reviewed and approved by the Town Manager and recorded. Based on our evaluation of the application and the information in the record, we believe that the proposed Special Use Permit with conditions in Revised Resolution A and proposed modification to regulations would comply with the requirements of the Land Use Management Ordinance, the Design Manual, and that the proposal conforms with the Comprehensive Plan. Revised Resolution A would approve the application with conditions. Resolution B would deny the application. 21 ORANGE COUNTYANIMAL SERVICES FACILITYSPECIAL USE PERMIT Differences Between Recommendations ISSUES Staffs Planning Bike & Pedestrian Transportation Community Design Revised Board Advisory Board Commission Board Between Eubanks Road Entire frontage railroad ROW sidewalk and east side of N/A N/A N/A proposed driveway Eubanks Road ROW Half of 80-foot width width N/A N/A N/A N/A Eubanks Road Half of 41-foot cross-section section N/A N/A N/A N/A Roadway improvement within railroad right- No No of-wa N/A No N/A Yes (improves Move driveway to the driver safety at left west: further into RCD turn lane; complies N/A N/A N/A N/A with NDCOT) Yes, but obligates Remove OWASA the easement when easement location is N/A N/A N/A N/A determined Impervious Does not include Surface Limits area within N/A N/A N/A N/A 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 22 ATTACHMENTS 1. Transportation Board Summary of Action (p. 20). 2. Community Design Commission Summary of Action (p. 21). 3. Reduced site plans (p. 22). 23 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 ANI]VIAL SERVICES FACILITY (2007-09-10/R-lla) 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 fording 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. 24 2. Land Use Intensity: Gross Land .Area 5.48Acres Total Maximum Floor Area 24,000 s . ft. Maximum Impervious Surface Area (associated with this a lication) '78,000 sq. ft. Maximum Vehicular Parking Spaces 49 Number of Buildings (primary) 1 Number of Buildings (accessory buildings) 2 Minimum Bicycle Parking S aces Re aired 6 Stipulations Related to Transportation 3. Eubanks Road Right-of-way: That the applicant shall dedicate of one-half of an 80 foot right-of--way. That prior to the issuance of Zoning Compliance Permit, the Town Manager shall review and approve a plat dedicating half of a 80-foot wide public right-of--way along Eubanks Road. That a copy of the recorded plat shall be provided prior to the issuance of a Zoning Compliance Permit. 4. Eubanks Road Improvements: That the applicant shall improve Eubanks Road to provide half of a 49-foot pavement including a 100-foot long left turn lane, a bike lane, and curb and gutter. 5. Driveway Location: Approves site plan moving driveway closer to the western property line, and further into the Resource Conservation District, to accommodate safer left hand turning lane design on Eubanks Road and to comply with North Carolina Department of Transportation standards. 6. Deleted 7. Eubanks Road Sidewalk: That the applicant shall construct a 5-foot wide concrete sidewalk to be located a minimum of 3 feet behind the curb along the entire site frontage. 8. North Carolina Department of Transportation Approvals: That plans for improvements to State-maintained roads be approved by North Carolina Department of Transportation prior to issuance of a Zoning Compliance Permit. 9. Bicycle Parkin: That the applicant shall provide a minimum of 6 on-site bicycle parking spaces. The bicycle spaces shall comply with the Town's Class I and Class II Design Manual standards. That the Town Manager shall review and approve bicycle parking space design and location prior to the issuance of a Zoning Compliance Permit. 10. Sidewalk along_the internal driveway: That the applicant shall construct a sidewalk from Eubanks Road to the proposed building. 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 ting: 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' 30' Type `D'- adjacent to Eastern Boundary railroad right-of--way ` ' ' -adjacent to Type C 20 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: A11 utility easements shall be located outside the required buffers unless they provide a perpendicular crossing. 26 19. Landscape Protection Plan: That a detailed Landscape Protection Plan for the proposed site be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. That the plans provide the following: • Tree protection fencing along the Eubanks Road frontage between the existing vegetation to be retained and the proposed street and sidewalk construction. • Tree protection fencing associated with all off-site improvements including extension all sewer and water lines. • A detail of protective fencing, construction parking, and materials staging/storage areas. • Show all critical root zones of rare and specimen trees affected by proposed construction, indicating which trees are proposed for removal, and where tree protection fencing and silt fencing will be installed. 20. Landscape Plan and Landscape Maintenance Plan: That a detailed Landscape Plan and a Landscape Maintenance Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The landscape plan shall indicate the size, type, and location of all proposed plantings as well as the limits of land disturbance and tree protection fencing. 21. Community Design Commission Approvals: That the Community Design Commission shall approve building elevations and lighting, including the location and screening of all HVAC/Air Handling Units for this project, prior to issuance of a Zoning Compliance Permit. That the Commission shall approve a lighting plan for this site and shall take additional care during review to ensure that the proposed lighting plan will minimize 1) upward light pollution and 2) offsite spillage of light, prior to issuance of a Zoning Compliance Permit. 22. Ener~y Efficiency: a. That the Final Plan for the Special Use Permit incorporate a " 20 percent more energy efficient" feature relative to the energy efficiency standard of the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE), as amended and in effect at the time of building permit issuance; and b. That other comparable standards generally recognized as applicable to building energy consumption, as amended and in effect at the time of building permit issuance, may be used by the applicant when incorporating the " 20 percent more energy efficient" feature into their Final Plans; and c. That the applicant include an Energy Management Plan in the Special Use Permit Final Plan application, to include consideration of utilizing sustainable energy, currently defined as solar, wind, biofuels, and hydroelectric power, in the proposed development; and 27 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. f. 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 Ri t-of-Wad 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. 28 28. Storm Drainageway Easement: That all stormwater management improvements, outside the public right-of--way, shall be located inside reserved storm drainageway easements and shown on the final plans and final plat, per Town guidelines, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit 29. Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. The plan shall include the maintenance schedule of the facilities to ensure that it continues to function as originally intended and shall be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit. 30. State or Federal Approvals: That unless modified by the Town Manger, any required State or Federal permits or encroachment agreements must be approved by the appropriate agencies and copies of the approved permits be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit. 31.Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for monitoring and maintenance of facilities and modifications of the plan if necessary, be approved by the NCDENR, Land Quality Section and the Town Manager prior to issuance of a Zoning Compliance Permit. If one (1) acre or more is uncovered by land-disturbing activities for this project, then a performance guarantee in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances shall be required prior to final authorization to begin land-disturbing activities. This financial guarantee is intended to cover the costs of restoration of failed or failing soil erosion and sedimentation controls, and/or to remedy damages resulting from land-disturbing activities, should the responsible party or parties fail to provide prompt and effective remedies acceptable to the Town. 32. Silt Control: That the applicant takes appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways. Stipulations Related to Resource Conservation District 33. Land Disturbance Activity Limited in the Resource Conservation District: That all required stormwater improvements, including associated clearing and grading, shall be located entirely outside of the Resource Conservation District and shall not impact the root systems of any significant trees. That land disturbance activities associated with the driveway and walking trails are limited to the upland zone of the Resource Conservation District. The land disturbance, not including off-site work, in the Resource Conservation District is limited to 17,500 square feet, within the upland zone. 34. Erosion control in the Resource Conservation District: That where determined practical, temporary erosion control management features are permitted within the Resource Conservation District. That the land disturbance associated with these 29 features shall be minimised 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 Management 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/Utili 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. Utility/Lig_htin Pg_ lan 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. 30 42. Utility Line Placement: That except for three phase electrical distribution line, all new and relocated utility lines shall be placed underground. The applicant shall indicate proposed off-site utility line routing and upgrades required to service the site on Final Plans, to be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 43.OWASA Off-Site Improvements: That final plans and all approval required for the OWASA sewer main extension project, as designed to provide sewer service to this site and adjoining properties, be approved by OWASA and the Town Manager prior to occupying the building. 44. Final Sewer Plan Approval: Approval of final sewer plan may occur after issuance of the Zoning Compliance Permit, in order to allow applicant adequate time to acquire ofF site utility easements. 45.OWASA Easements: That when an appropriate location for a OWASA sewer easement is determined, easement documents as required by OWASA be reviewed and approved by the Town Manager and recorded. 46. Fire Hydrant Location: All new structures shall be located within 400 feet of a fire hydrant and all hydrants be shown on Final Plans, subject to the approval of the Town Manager, prior to the issuance of a Zoning Compliance Permit. 47. Fire Apparatus Access: All driveway entrances shall be designed to meet the minimum unobstructed turning radii for fire apparatus access. 48. Fire Flow Report: That a fire flow report, shall be prepared and sealed by a registered professional engineer, which demonstrates that flows meet the minimum requirements of the Town Design Manual, to be approved by the Town Manager prior. to issuance of a Zoning Compliance Permit. Miscellaneous Stipulations 49. Construction Management Plan: That a Construction Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. That the construction management plan: 1) indicate how construction vehicle traffic will be managed, 2) identify parking areas for on-site construction workers including plans to prohibit parking in residential neighborhoods, 3) indicate construction staging and material storage areas, and 4) identify construction trailers and other associated temporary construction management structures. 50. Traffic and Pedestrian Control Plan: That a Traffic and Pedestrian Control Plan be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. That the plans include a Work Zone Traffic Control Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction. The plan must include a pedestrian management plan 31 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 lea: 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.Open 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 Sign: 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. 32 59. Vested Ri ts: This Special Use Permit constitutes a site specific development plan establishing a vested rights as provided by N.C.G.S. Sec. 160A-185.1 and Appendix A of the Chapel Hill Land Use Management Ordinance. 60. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above. 61. 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 that the Council hereby approves the Special Use Permit for the Orange County Animal Services Facility. This the 10~' day of September, 2007. 33 ADOPTED ORDINANCE AN ORDINANCE AMENDING THE CIIAPEL HH~L ZONING ATLAS FOR THE ORANGE COUNTY ANIlVIAL SERVICES FACILITY DEVELOPMENT (Orange County Parcel Identifier Number 9870-77-4584) (2007-09-10/O-7) WI~REAS, 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 ORD~!-]NED 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 (OI-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 II That all ordinances and portions of ordinances in conflict herewith are hereby repealed. This the 10'~ day of September, 2007.