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Special Use Permits

13.3 Traffic Impact Analysis and Special Use Permits

13.3.1 Application

These procedures are established to insure that traffic flows are maintained or improved as new development occurs. Provisions are made for the issuance of special use permits, in certain circumstances, as a means of studying traffic patterns, providing for roadway improvements, or restricting development in which proposed improvements are not sufficient to address traffic impact.

Unless exempted below, a traffic impact analysis shall be required for development projects or site plans where 150 or more vehicle trips are expected to be generated at the peak hour.

If a traffic impact analysis is approved at the time of development plan rezoning, another analysis is not required with site plan approval if the site plan is consistent with the development plan.

The term development project when used in this Section, applies to any single development or group of developments which, when complete, will function together as a single development in terms of the cumulative impact on surrounding areas and physical infrastructure, and which have shared features such as ownership, site access, infrastructure, or other design elements. The traffic impact analysis requirements shall apply whether the development project is completed in a single phase or multiple phases.

13.3.2 Exemptions

1.	Traffic impact analysis shall not be required of single family residential development, duplex development, and triplex development. Development in the Central Business District (CBD) zone or in the Downtown Transition Area Overlay zone is also exempt.
2.	The provisions of this section shall not apply to phases of new developments which:
	a.	Contain public water and/or sanitary sewer systems which were built and accepted by the City of Durham prior to May 21, 1990; or
	b.	Contain private water and sewer systems constructed to State and City of Durham standards prior to May 21, 1990.
3.	The provisions of this Section shall not apply to new developments approved by Durham County prior to the implementation of this ordinance (January 1, 1994) which hold valid Unified Development Plans, site plans, special use permits, or building permit approvals.
4.	In the event that additional infrastructure improvements that substantially alter traffic capacity or generation are required in order to support adequately any phases of the intended development, such phases shall not be exempt from the requirements of this Section.

13.3.3 Traffic Impact Analysis Requirements

The traffic impact analysis shall be prepared by a registered professional engineer with experience in traffic engineering. The Director of Transportation shall set forth specific guidelines for preparation of such traffic impact analysis; however, at a minimum, it shall include an estimate of the traffic generated as a result of the proposed development, an analysis of the existing street system serving the proposed development, an assessment of improvements needed to the existing street system in order to support the traffic from the proposed development. Estimates of vehicle trips shall be calculated based on trip generation rates from the most recent edition of the Trip Generation Manual published by the Institute of Transportation Engineers.

13.3.4 Traffic Thresholds Which Require A Special Permit

13.3.4 Traffic Thresholds Which Require A Special Permit

Certain developments submitting a Traffic Impact Analysis (TIA) may be required to obtain a special use permit from the Governing Body.

1. Unless exempted from a special use permit in 2. below, a special use permit shall be required of development projects and site plans, for which a TIA is required and which are projected to generate:
   
   1. 600 or more vehicle trips at the peak hour, or
      
   2. 300 or more vehicle trips at the peak hour and which will be served by any street operating at a level of service lower than the jurisdiction's adopted level of service.
   
   
2. Exemptions from Special Use Permits: A special use permit shall not be required of development in the RSCH and RAD and UC zones of developments encompassed by and existing or proposed Development Plan Zone [D], even when projected traffic is expected to exceed levels specified above. However, plans for such development shall demonstrate in the TIA that measures shall be taken to mitigate traffic impact. The approving body may require that measures be incorporated into the project design or off site to insure implementation of the traffic impact recommendations. Such measures may include, but are not limited to: lane channelization, turn lanes, public transit, car pool programs, and modifications to hours of operation.

13.3.5 Procedure for Review of Traffic Impact Analysis [TIA] when a Special Use Permit is Required

1.	Submission and review of proposals that require a Special Use Permit: When a Special Use Permit is required, the applicant shall submit a traffic impact analysis to the Planning Department and the Transportation Department who shall recommend findings to the Governing Body.
2.	Special Use Permit Hearing The procedures for the Special Use Permit hearing for traffic impact shall be the same as those specified for Major Special Use Permits including the notification requirements found elsewhere in this ordinance. The Governing Body may: deny the special use permit, approve the special use permit, or approve the special use permit with conditions. In order to approve a special use permit, the Governing Body shall make all of the following findings:
	a.	The traffic generated by the development and associated improvements to the street system will not have a significant adverse impact on the surrounding area. Significant adverse impact shall include: substantial increases in traffic on local residential streets such that the majority of the traffic is not associated with the residential properties which front on the street; or the need to widen local residential streets which would detract significantly from the character or basic function of a nearby street.
	b.	Adequate provisions have been made for safe and efficient vehicular circulation, parking and loading, and pedestrian access.
	c.	The traffic generated by the development and any proposed improvements to the street system will not have a significant adverse impact on the environment. Significant adverse impact shall include: undue concentrations of air pollutants, or excessive noise or vibrations.
	d.	The traffic generated by the development can be accommodated by the existing or funded transportation system, or adequate traffic mitigation measures have been proposed within the development project. Proposed mitigation measures shall be submitted in writing and shall become conditions of the special use permit. The adopted level of service for the roadway may be considered in the determination of the roadway's ability to accommodate traffic, but it may not be the sole determining factor in the findings of the Governing Body.

13.3.6 Additional Procedures for Granting a Special Use Permit with Conditions

The Governing Body may attach conditions to the special use permit to ensure that adequate traffic mitigation measures are associated with new development. Conditions shall specify the traffic improvement measure, the party responsible for the improvement, the cost of the improvement, the funding measures, and the proposed completion date of the improvement.

Maximum trip generation at peak hour shall be specified as a condition of multi-phased developments and may be specified with other developments. In all cases where a maximum vehicle count is specified as a condition of the special use permit, the vehicle count shall not be exceeded unless an amended special use permit is issued by the Governing Body.

13.3.7 Period of Validity for Special Use Permits for Traffic Impact

If a single special use permit is issued for a multi-phased development, the special use permit shall remain valid for eight years. After that period, a new special use permit shall be required for all phases of the development that do not have valid site plans or building permits.

13.3.8 Coordination with Variances and Minor Special Use Permits

Applications for variances and minor special use permits may be submitted concurrently with a request for a special use permit for Traffic Impact. Copies of site plans and traffic impact analysis may be included with materials reviewed by the Board of Adjustment. If the Board of Adjustment grants a variance or Minor Use Permit prior to approval of a special use permit for Traffic Impact, the Governing Body shall be advised of the approval. However, any approvals by the Board of Adjustment become null and void if a special use permit for Traffic Impact and a Site Plan are not approved for the development.

13.3.9 Coordination With Major Special Use Permits

Applications for Major Special Use permits may be submitted concurrently with a site plan and a request for special use permits for Traffic Impact. However, decisions shall be rendered with a separate motion.

13.3.10 Coordination With Rezoning Applications

An application for a special use permit for Traffic Impact may be reviewed concurrently with a rezoning application and applications for major and minor special uses. However, decisions shall be rendered with a separate motion.

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