memorandum

to: Roger L. Stancil, Town Manager

from: J.B. Culpepper, Planning Director

Gene Poveromo, Development Manager

subject: St. Thomas More Catholic Church and School, 920-940 Carmichael Street - Application for Special Use Permit Modification

date: October 15, 2008

INTRODUCTION

Tonight the Council continues the Public Hearing from September 17, 2008 regarding an application from The Catholic Community of St. Thomas More to allow the proposed expansion of St. Thomas More Catholic Church and School. The applicant is proposing to expand floor area for a total of 137,405 square feet and expand parking to a total of 422 parking spaces. Accompanying this application is an application for a Master Land Use Plan Modification. The site is located at 920-940 Carmichael Street between Raleigh Road and Old Mason Farm Road, along Fordham Boulevard, across from the Highland Woods Subdivision, in the Residential-5-Conditional (R-5-C) zoning district. The 21.5-acre site is located in Orange County and is identified as Parcel Identifier Number 9798-04-5260.

We believe that based on the information in the record to date, the Council could make the findings required to approve the Special Use Permit Modification application. We recommend that the Council adopt Revised Resolution A, approving the application.

DISCUSSION

We have identified the following key issues related to this development: the construction deadline, transit improvement payment, and traffic circulation.

1. Construction Deadline: The applicant requested a 10-year construction completion deadline. Council members questioned the preliminary recommendation that the applicant be required to complete construction in 5 years.

Comment: Given the limitations of the Traffic Impact Analysis to project impacts beyond 5 years, at the Public Hearing, we shared our concerns with the Council about extending the construction completion deadline for the application. We understand that churches may have special financing considerations and we have, in the past, sometimes extended construction completion deadlines significantly. The Town’s Traffic Engineer has recommended that the applicant provide a new or amended traffic impact analysis, or exemption thereof, in order to continue development beyond the year 2013. Our preliminary recommendation had included a significant trigger for reconsidering traffic impact, the construction completion deadline. However, we understand the Council’s desire to be consistent with similar types of applications and provide an extended construction window for this place of worship, by allowing an extended construction deadline. We have therefore revised the construction completion deadline in Revised Resolution A from 5 years to 10 years. Note that an updated traffic impact analysis would still be required in the year 2013 to continue construction.

We have adjusted the expiration date of the associated Master Land Use Plan accordingly. Please refer to the accompanying memorandum for the Master Land Use Plan application.

2. Payment-In-Lieu of Transit Improvements: The applicant requested that the payment-in-lieu of transit amenities be reduced from the staff recommended $17,500 to $10,000. In light of the fact that the Town does not currently offer transit service along this section of Fordham Boulevard, a Council member questioned the need for recommending a payment-in-lieu of this applicant.

Comment: With respect to transit service and infrastructure along this corridor we offer the following information. The North Carolina Department of Transportation is expecting to begin construction on two far side bus pull offs along Fordham Boulevard at the Old Mason Farm Road intersection in the summer or fall of 2009. Once these pull-offs are constructed, Chapel Hill Transit (Route S) will serve the Fordham Boulevard/Old Mason Farm Road area from approximately 6:20 a.m. to 10:00 p.m. Monday-Friday. We anticipate that an existing express campus bus service, between the Friday Center Parking lot and UNC Hospitals, would not likely serve these bus stops.

Given the Council’s concerns about the proportionality of a payment-in-lieu of transit amenities and the potential benefit to the church and school, we recommend that the preliminary recommendation of a $17,500 payment-in-lieu of transit amenities should be reduced to $10,000. We anticipate that the payment-in-lieu would be used for locating facilities at one of the Fordham Boulevard pull offs. Revised Resolution A has been adjusted accordingly as described below:

Payment-In-Lieu of Transit Improvements: That prior to the issuance of a Zoning Compliance Permit, the applicant shall provide a payment-in-lieu to the Town, not to exceed $10,000, for bus stop improvements at one of the proposed bus pull offs on Fordham Boulevard, at the Mason Farm Road intersection. The funds will be refunded, at the applicant’s request, if 1) the bus-stop pull offs are not constructed, or 2) there is not active bus-service at one of the bus stops within 5 years of the issuance of the first Certificate of Occupancy.

3. Traffic Circulation Patterns: A Council member asked questions regarding a concern about traffic circulation patterns between the St. Thomas More site and Fordham Boulevard, including: 1) how to prevent cars from exiting the easternmost egress on Carmichael St. onto Fordham Blvd. and then performing a U-Turn at Old Mason Farm Road; and 2) the inadequate vehicle stacking capacity of the left-turn lane on Northbound Fordham Blvd. at Old Mason Farm Road and how the traffic spills into the left through lane during peak hours.

Comment: We believe the proposed changes to the existing traffic pattern, including a realigned Carmichael Street and traffic signal retiming at the Fordham Boulevard / Old Mason Farm Road intersection may reduce undesirable traffic patterns. Revised Resolution A includes a stipulation requiring the applicant to provide a new or amended traffic impact analysis, in order to continue development beyond the year 2013. We think that the updated traffic impact analysis would provide information on the operation of the Fordham Boulevard / Old Mason Farm Road intersection including the u-turns and required queue length for the southbound left-turn lane (Note: the length of the northbound left turn lane to Old Mason Farm Road and Carmichael Street will be expanded soon by NCDOT). We will recommend improvements to the N.C. Department of Transportation based on traffic impact analysis study findings to increase the queue length for the southbound left-turn lane.

PROCESS

The Land Use Management Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit Modification application, to present a report to the Planning Board, and to present a report and recommendation to the Town Council. We have reviewed the application and evaluated it against Town standards; we have presented a report to the Planning Board; and tonight we submit our report and revised recommendation to the Council.

RELATIONSHIP TO MASTER LAND USE PLAN

The Land Use Management Ordinance states that “if a Master Land Use Plan is approved for a tract of land, and an application for a Special Use Permit is subsequently received, then the Special Use Permit application must be consistent with the Master Plan. If it is consistent with the Master Plan, a rebuttal presumption shall thereby be established that the proposed development would:

Maintain or promote the public health, safety, and general welfare;
Maintain or enhance the value of contiguous property, or be a public necessity; and
Conform to the Comprehensive Plan.”

These are three of the four findings that must be made to approve an application for Special Use Permit. The fourth finding, “that the use or development complies with all required regulations and standards of this chapter, including all applicable provisions of articles 3 and 5, the applicable specific standards contained in the supplemental use regulations (Article 6), and with all other applicable regulations,” is the only finding that must then be made by the Council in order to approve the Special Use Permit application with an approved Master Land Use Plan.

EVALUATION OF THE APPLICATION

We have evaluated the application regarding its compliance with the Master Land Use Plan and standards and regulations of the Town’s Land Use Management Ordinance. Based on our evaluation, our conclusion is that the application as submitted complies with the Master Land Use Plan and the regulations and standards of the Land Use Management Ordinance, and Design Manual, with the conditions included in Resolution A.

Tonight the Council receives our attached evaluation and information submitted by the applicant. The applicant’s materials are included as attachments to this memorandum. All information that is submitted at the hearing will be included in the record of the hearing. Based on the evidence that is submitted, the Council will consider whether or not it can make the one finding:

Special Use Permit – Required Finding of Fact

Finding: That the use or development complies with all required regulations and standards of the Land Use Management Ordinance, including all applicable provisions of Articles 3 and 5, the applicable specific standards in the Supplemental Use Regulations (Article 6) 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 proposed expansion of the church complies with all required standards as set forth in the current Land Use Management Ordinance. This includes all dimensional, height, setback, parking, buffers and intensity requirements. An Alternative Buffer is proposed along the western boundary.” [Applicant’s Statement of Justification]

We believe the application complies with the requirements of the Land Use Management Ordinance.

Evidence in opposition: We have not identified any evidence offered in opposition to this Finding.

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 approval of the Master Land Use Plan, and these conditions, our revised recommendation is that the Council could make the finding necessary in order to approve the application for the Special Use Permit Modification. Our recommendation, Revised Resolution A, incorporates input from all Town departments involved in review of the application.

Resolution A has been revised to include:

1. Construction Deadline: Increase the construction completion deadline from five years to 10 years, as requested by the applicant. See discussion section above for additional information.

2. Recorded Special Use Permit and Master Land Use Plan Modifications: That the applicant shall provide a recorded Special Use Permit Modification and Master Land Use Plan Modification, as reviewed and approved by the Town Manager, prior to issuance of a Zoning Compliance Permit.

3. Transportation Impact Assessment/Phasing: Minor clarification resulting from the change to construction completion deadline.

4. Aldersgate Church Sidewalk Easement: Minor clarification having to do with the timing of this requirement.

5. Payment-In-Lieu of Transit Improvements: Revise the transit amenities stipulation reducing the payment-in-lieu figure to $10,000 from $17,500, as requested by applicant. See discussion section above for additional information.

MAnager’s REVISED recommendation

I have reviewed and discussed the key issues with Town staff. Based on the information in the record to date, I believe that with the conditions in the attached resolutions, the Council could make findings required to approve the Special Use Permit Modification. My revised recommendation is that the Council adopt Revised Resolution A, approving the application for Special Use Permit Modification.

Resolution B would deny the application

ATTACHMENTS

1. September 17, 2008 Public Hearing Memorandum (see http://townhall.townofchapelhill.org/agendas/2008/09/17/4b/4b-staff_memo.htm).

St. Thomas More Church and School

Special Use Permit Modification Application

DIFFERENCES AMONG RECOMMENDATIONS

ISSUES	Revised Recommendation	Planning Board	Bicycle/ Pedestrian Advisory Board	Greenways Commission	Community Design Commission
Construction Start/Completion Deadlines	3 yrs./10 yrs.	4 yrs./10 yrs.	*	*	2 yrs./14 yrs
Transportation Impact Assessment	Review TIA in yr. 2013 to Continue Construction	Review TIA in yr. 2013 to Continue Construction	*	*	*
Modified Alignment of Carmichael St. Sidewalk	Yes	Yes	*	*	*
Carmichael St. Right of Way Dedication	Yes	Yes	*	*	*
Carmichael St. No Parking Signage	No, Not Recommended By NCDOT	*	*	*	Yes, Must Ask Council For Exceptions
Regional Transit Right-Of-Way Reservation	Yes	Yes	*	*	*
Payment-in-lieu of Transit Improvements	· $10,000 for Bus Stop Amenities	· $10,000 · Conventional Lighting · Bus-Shelter Located South-Bound Side of Fordham Blvd.	*	*	· $10,000 · Conventional Lighting · PIL Contingent on Providing Transit Service to Site
Increase Conventional Landscape Buffers/Reduce Alternative Landscape Buffers	Yes	Yes	*	*	*

*Issues not discussed, and therefore not included in the recommendation