Chapel Hill, NC 27514
The Chapel Hill Kehillah is a young religious congregation located at the intersection of Mason Farm Road and Purefoy Road. Its premises include a parking lot which has spaces for approximately eighty-two vehicles. Most or all of these spaces are utilized by the congregation during Sabbath services on Friday nights and Saturday mornings, as well as on religious holidays. However, on most days of the year fewer than half of these spaces are needed for the vehicles of Kehillah congregants and administrative staff. In order to provide much-needed financial resources, the Kehillah would like to rent out fifty of these spaces, and it seeks a Special Use Permit authorizing it to do so.
This Statement of Justification addresses four Findings required by the Land Use Management Ordinance.
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.
The Chapel Hill Kehillah promotes the health and welfare of the Chapel Hill populace through its spiritual and community activities for its congregants, and through its social action and social justice activities for the Chapel Hill community at large. These activities and the house of worship itself require financial support which a new congregation such as the Kehillah is hard pressed to secure. A Special Use Permit for renting out parking spaces will help provide the resources to enable the Kehillah to continue to provide its spiritual and community action programs.
Renting some of its parking spaces will require no changes for sewer, water, electric, floodplain, drainage, or fire protection services or needs. The Kehillah has received exemptions from the requirements pertaining to Traffic Impact Analysis, Stormwater Management, Solid Waste Management and Urban Forestry, based on the lack of impact or minimal impact that parking space rentals will have on these concerns.
Finding #2: That the use or development complies with all required regulations and standards of this chapter, including all applicable provisions of Articles 3, 4, and 5 and the applicable specific standards contained in Section 6, and with all other applicable regulations.
The filing of this application is itself evidence of the Kehillah’s desire and efforts to comply with applicable laws and regulations. The Chapel Hill Kehillah, to the best of its knowledge, is in compliance with all relevant regulations and standards, except for those specified below, for which the Kehillah seeks modifications:
Sidewalks, LUMO Section 5.8.1. The Kehillah asks for a modification as to building public sidewalks along its Mason Farm Road and Purefoy Road frontages for the following reasons:
Bus Stop Shelter, LUMO Section 6.8. The Kehillah asks for modification as to erecting a bus stop shelter for the following reasons:
Traffic and Pedestrian Control Plan, LUMO Section 5.12.2. The Kehillah asks for a modification in that no construction or renovation is anticipated and therefore no traffic and pedestrian control plan will be needed.
Landscape Protection Plan, LUMO Section 5.7.4; Landscape Plan and Landscape Maintenance Plan, LUMO Sections 5.6 and 5.7; Erosion Control, LUMO Section 5.15.2; Silt Control, LUMO Section 5.15.2. The Kehillah asks for modifications in that there will be no actions taken which will cause any land disturbance. The parking lot is completely screened by high and dense vegetation which will remain. The surface of the parking lot will not be paved or otherwise changed.
Refuse/Recycling Collection Area, LUMO Section 5.13. The Kehillah asks for a modification. At the request several months ago of Public Works personnel, the Kehillah moved its front-loading dumpster to a location designated by those personnel. A question now has arisen as to whether that location will be easily accessible for the Public Works truck after parking spaces are rented and the lot contains more vehicles. The Kehillah has agreed to move the location of the dumpster if and when requested by Public Works, or in the alternative to secure private refuse removal.
Utility/Lighting Plan Approval, LUMO Section 5.12.2. The Kehillah asks for a modification in that it is clear that the current lighting provides appropriate and sufficient lighting for nighttime users of the parking lot, while not causing any disturbance or inconvenience for our neighbors.
Finding #3: That the use or development is 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.
No owner of contiguous or nearby property has opposed the Kehillah’s plan to rent out parking spaces. On the contrary, the neighbors have expressed their support. Our most immediate neighbors have expressed their support individually in writing. The support of the general neighborhood has been confirmed by the fact that, despite multiple mailed notices, not a single opponent has appeared at any of the many hearings on our parking plan held by the Community Design Commission, the Planning Board, the Town Council, and other boards.
The parking lot is totally screened by high, dense vegetation, all of which will remain. Thus the additional parked cars in our lot on the average day will have no negative aesthetic effect on the neighborhood. The increase in vehicle trips arising from the parking rentals has been determined to be sufficiently minimal so as to merit an exemption from the Traffic Impact Analysis requirement. Given these circumstances, the rentals are not expected to affect the value of surrounding properties.
Finding #4: That the use or development conforms with the general plans for the physical development of the Town as embodied in this chapter and in the Comprehensive Plan.
We believe that providing fifty parking spaces on land which has already been developed as and utilized for vehicle parking, is completely consistent with the general plans for Town development. Rather than devoting new additional properties to parking lots or parking decks, our plan efficiently makes maximum use of land already set aside as space for parking.