AGENDA #4
TO: Mayor and Town Council
From: W. Calvin Horton, Town Manager
Subject: Public Hearing: 229 N. Graham St. - Application for Special Use Permit
DATE: January 19, 2005
INTRODUCTION
We have received a request for a Special Use Permit for the development of 2 residential lots. The application proposes to divide the existing lot and construct two single-family homes. The .27 acre site is located at the intersection of Nunn Street, Graham Street, and Whitaker Street. The lot is located within the Northside Neighborhood Conservation District. The lot is located in Orange County and is identified as Chapel Hill Township Tax Map 93, Block B, Lot 41 (PIN 9788075336).
A Special Use Permit is required because the applicant is requesting to rezone the site to Residential-Special Standards-Conditional (R-SS-C). Subsequent development in a conditional zoning district requires Special Use Permit approval. The applicant is requesting the rezoning to R-SS-C because the current Residential-3 (R-3) zoning would not permit the development of two single-family dwellings on the existing single lot. The rezoning to R-SS-C with approval of a Special Use Permit would allow the applicant to create two lots and gives flexibility in terms of minimum requirements for setbacks and other dimensional standards.
Accompanying this request is an application to rezone the site from Residential-3 (R-3) to Residential-Special Standards-Conditional (R-SS-C).
Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of the application, and further to receive evidence which the Council may consider as the Council determines any appropriate requirements to include as conditions of approval.
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This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:
¨ Cover Memorandum: Introduces application, describes process for review, summarizes staff and advisory board comments, and offers recommendations for Council action.
¨ Staff Report: Offers a detailed description of the site and proposed development, and presents an evaluation of the application regarding its compliance with the standards and regulations of the Land Use Management Ordinance.
¨ Attachments: Includes a checklist of requirements for this development, resolutions of approval and denial, advisory board comments, and the applicant’s materials. |
PROCESS
The Land Use Management Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit 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 preliminary recommendation to the Council.
The standard for review and approval of a Special Use Permit application involves consideration of four findings (description of the findings follows below). Evidence will be presented tonight. If, after consideration of the evidence, 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.
BACKGROUND
A Concept Plan review of this application was conducted by the Community Design Commission on November 20, 2002. The application does not meet the threshold for Council review of a Concept Plan.
On September 23, 2002, the Town Council granted expedited processing for this application.
DESCRIPTION OF THE APPLICATION
The application proposes to construct a residential development consisting of two lots for a total of two single-family dwelling units. The site will be graded to slope from the southeast towards the northwest at a slope of 3 percent.
Vehicular access to the site is proposed from two new driveways fronting on Graham Street. Stormwater control for this development site, including controls for rate, quality and volume for each individual residential lot, is proposed to be managed and addressed during Final Plan review, prior to construction of the homes.
We have evaluated the application regarding its compliance with the standards and regulations of the Town’s Land Use Management Ordinance. Based on our evaluation, our preliminary recommendation is that the application as submitted complies with the regulations and standards of the Land Use Management Ordinance and Design Manual, with the conditions included in Resolution A. We believe the proposal conforms to the Comprehensive Plan.
Tonight the Council receives our attached evaluation, and also receives information submitted by the applicant and citizens. The applicant’s materials are included as attachments to this memorandum. All information that is submitted at the hearing will be placed into the record.
Based on the evidence that is submitted, the Council will consider whether or not it can make each of four required findings for the approval of a Special Use Permit.
The four findings are:
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Special Use Permit – Required Findings of Fact
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;
Finding #2: That the use or development complies with all required regulations and standards of the Land Use Management Ordinance;
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; and
Finding #4: That the use or development conforms to the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.
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Following the Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application.
KEY ISSUE
We have identified one key issue associated with this development, discussed below.
Rezoning Application/Affordable Housing: This property is currently zoned Residential-3 (R-3) and is within the Northside Neighborhood Conservation District (CD-1). Accompanying this Special Use Permit application is a request to rezone the proposed development site to the Residential-Special Standards-Conditional (R-SS-C) zoning district.
A Special Use Permit is required because the applicant is requesting to rezone the site to Residential-Special Standards-Conditional (R-SS-C). Subsequent development in a conditional zoning district requires Special Use Permit approval. The applicant is requesting the rezoning to R-SS-C because the current R-3 zoning would not permit the development of two single-family dwellings on the existing single lot. The rezoning to R-SS-C with approval of a Special Use Permit would allow the applicant to create two lots and gives flexibility in terms of minimum requirements for setbacks and other dimensional standards.
In 1999, the Town Council enacted an ordinance creating the Residential-Special Standards-Conditional (R-SS-C) zoning district. The intent of the Council’s action was to design a residential zoning district that, with flexible design standards for lot size, density and other land intensity specifications, would encourage development of affordable housing. Although R-SS-C zoning designation does not ensure or mandate an affordable housing component, it is the expressed expectation of the Council that the Special Use Permit application that accompanies an R-SS-C rezoning application would include a voluntary offer of affordability by the applicant.
This Special Use Permit application includes a voluntary offer by the applicant to provide, for sale and private ownership, two affordable single-family dwelling units. The applicant, Empowerment, Inc., proposes to develop and sell the two new homes as part of the Land Trust program.
Resolution A includes a stipulation requiring that the applicant submit, for Town Manager review and approval, copies of the deed restrictions addressing the affordability component of this proposed development. The documents must be approved by the Town Manager prior to the recordation of a final plat.
SUMMARY
We have attached a 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 four findings necessary in order to approve the application. The Manager’s recommendation incorporates input from all Town departments involved in review of the application.
Following is a brief outline describing the next steps in the development review process, should the Council approve the Special Use Permit application for this site:
1. Applicant accepts and records a Special Use Permit, which incorporates the terms of the Council-adopted resolution.
2. Applicant submits detailed Final Plans and documentation, complying with Council stipulations. Information is reviewed by Town departments and the following agencies:
3. Community Design Commission reviews and approves building elevations and site lighting.
4. Upon demonstration of compliance with remaining Council stipulations, Town staff issues a Zoning Compliance Permit authorizing site work. Permit includes conditions specific to the development and requires pre-construction conferences with Town staff.
5. Inspections Department issues Building Permits and Certificates of Occupancy.
RECOMMENDATIONS
Recommendations are summarized below. Please see summaries of board actions and recommendations in the attachments.
Planning Board Recommendation: On December 7, 2004, the Planning Board voted 9-0 to recommend that the Council approve this application, with the adoption of Resolution A. Please see the attached Summary of Planning Board Action.
Transportation Board Recommendation: On December 7, 2004, the Transportation Board voted 6-0 to recommend that the Council approve this application with the adoption of Resolution A. The Transportation Board asked that the staff reevaluate the need for a sidewalk along the Graham Street frontage. Please see the attached Summary of Transportation Board Action.
Staff Comment: We have reevaluated the sidewalk situation in this area of the Northside Neighborhood. We continue to believe that requirement of a new sidewalk would not meet the test of rough proportionality for the two lot proposal.
Community Design Commission Recommendation: On December 15, 2004, the Community Design Commission voted 8-0 to recommend that the Council approve this application with the adoption of Resolution A. Please see the attached Summary of Community Design Commission Action.
Bicycle and Pedestrian Advisory Board Recommendation: On December 14, 2004, the Bicycle and Pedestrian Advisory Board voted 8-0 to recommend that the Council approve this application with the adoption of Resolution A. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action.
Parks and Recreation Commission Recommendation: The Commission is scheduled to review the application on January 19. We will forward the Commission’s recommendation when it is available.
Manager’s Preliminary Recommendation: Based on the information in the record to date, we believe that the Council could make the findings required to approve the Special Use Permit application, if the accompanying rezoning is approved. We recommend that the Council adopt Resolution A, approving the application with conditions. Resolution A includes the recommendations of the advisory boards.
Following tonight’s Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application. If the Council makes the required findings for approval of a Special Use Permit, we recommend that the application be approved with the adoption of Resolution A.
Resolution B would deny the application.
ATTACHMENTS
1. Planning Staff Report (p. 7).
2. Resolution A (Manager’s Preliminary Recommendation Approving the Application) (p. 15).
3. Resolution B (Denying the Application) (p. 20).
4. Community Design Commission Concept Plan Summary (p. 21).
5. Planning Board Summary of Action (p. 23).
6. Transportation Board Summary of Action (p. 24).
7. Community Design Commission Summary of Action (p. 25).
8. Bicycle and Pedestrian Advisory Board Summary of Action (p. 26).
9. Statement of Justification (p. 27).
10. Project Fact Sheets (p. 29).
11. Area Map (p. 33).
12. Reduced Plan (p. 34).
STAFF REPORT
Subject: Public Hearing: 229 N. Graham St. - Application for Special Use Permit (File No. 7.93.B.41)
Date: January 19, 2005
INTRODUCTION
We have received a request for a Special Use Permit for the development of 2 residential lots. The .27 acre site is located at the intersection of Nunn Street, Graham Street and Whitaker Street. The lot is located within the Northside Neighborhood Conservation District. The lot is located in Orange County and is identified as Chapel Hill Township Tax Map 93, Block B, Lot 41 (PIN 9788075336).
EVALUATION
The Town staff has reviewed this application for compliance with the standards of the Land Use Management Ordinance and the Design Manual and offer the following evaluation. This evaluation is based on the rezoning of the site to Residential-Special Standards-Conditional.
A Special Use Permit is required because the applicant is requesting to rezone the site to Residential-Special Standards-Conditional (R-SS-C). Subsequent development in a conditional zoning district requires Special Use Permit approval. The applicant is requesting the rezoning to R-SS-C because the current R-3 zoning would not permit the development of two single-family dwellings on the existing single lot. The rezoning to R-SS-C with approval of a Special Use Permit would allow the applicant to create two lots and gives flexibility in terms of minimum requirements for setbacks and other dimensional standards.
Existing Conditions
Location: The .27 acre site is located at the intersection of Nunn Street, Graham Street and Whitaker Street. The site is located in the Northside neighborhood and is surrounded on all sides by single-family homes.
Existing Structures: There are no structures existing on the site.
Access: The proposed development site has direct access to Graham Street and Nunn Street. The portion of Nunn Street that abuts the site is currently not dedicated right-of-way and has no curb, gutter or sidewalks. Graham Street and Whitaker Street are both dedicated public rights-of-way and both have curb and gutter, but neither has sidewalks.
Topography, Drainage, Vegetative Cover: The site is generally flat and has very little vegetation other than grass area. There are no significant trees on the site.
Development Description
Development: The applicant is proposing to construct a residential development consisting of two lots for a total of two single-family dwelling units. The site will be graded to slope from the southeast towards the northwest at a slope of 3 percent.
Access: Vehicular access to the site is proposed from two new driveways fronting on Graham Street.
Stormwater: Stormwater control for this development site, including controls for rate, quality and volume for each individual residential lot, is proposed to be managed and addressed during Final Plan review, prior to construction of the homes.
Ordinance Requirements
Zoning: This property is currently zoned Residential-3 (R-3) and is within the Northside Neighborhood Conservation District (CD-1). Accompanying this Special Use Permit application is a request to rezone the proposed development site to the Residential-Special Standards-Conditional (R-SS-C) zoning district.
A Special Use Permit is required because the applicant is requesting to rezone the site to Residential-Special Standards-Conditional (R-SS-C). Subsequent development in a conditional zoning district requires Special Use Permit approval. The applicant is requesting the rezoning to R-SS-C because the current R-3 zoning would not permit the development of two single-family dwellings on the existing single lot. The rezoning to R-SS-C with approval of a Special Use Permit would allow the applicant to create two lots and gives flexibility in terms of minimum requirements for setbacks and other dimensional standards.
Residential-Special Standards-Conditional Zoning District: In 1999, the Town Council enacted an ordinance creating the Residential-Special Standards-Conditional (R-SS-C) zoning district. The intent of the Council’s action was to design a residential zoning district that, with flexible design standards for lot size, density and other land intensity specifications, would encourage development of affordable housing. Although R-SS-C zoning designation does not ensure or mandate an affordable housing component, it is the expressed expectation of the Council that the Special Use Permit application that accompanies an R-SS-C rezoning application would include a voluntary offer of affordability by the applicant.
Size-Restricted Provisions: The Ordinance requires Special Use Permit applications that propose 5 or more single-family lots to limit at least 25 percent of the dwelling units to 1,350 square feet of floor area. Since this application is proposing only two single-family lots, this Ordinance requirement does not apply.
Affordable Housing: This Special Use Permit application includes a voluntary offer by the applicant to provide, for sale and private ownership, two affordable single-family dwelling units. The applicant, Empowerment, Inc., proposes to develop and sell the two new homes as part of the Land Trust program.
Resolution A includes a stipulation requiring that the applicant submit, for Town Manager review and approval, copies of the deed restrictions addressing the affordability component of this proposed development. The documents must be approved by the Town Manager prior to the recordation of a final plat.
Dimensional Standards: There are few dimensional standards outlined in the Dimensional Matrix (Table 3.8-1) of the Land Use Management Ordinance’s for the Residential-Special Standards-Conditional zoning district. The table below compares the dimensional standards in the R-SS-C zoning district with the standards proposed by the applicant.
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Comparison of R-SS-C Dimensional Standards and 229 N. Graham St.
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Dimensional Standards |
Residential-Special Standards-Conditional |
229 N. Graham St. (proposed) |
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Min Lot Size |
none |
Lot 41: 3,344 sq. ft. Lot 42: 4,401 sq. ft. |
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Max Density per Acre |
none |
7.4 units/acre |
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Min Street Frontage |
none |
Lot 41: 56.25 feet Lot 42: 53.5 feet |
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Minimum Lot Width |
none |
Lot 41: 56.25 feet Lot 42: 53.5 feet |
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Min Street Setback |
10 ft |
7 ft (standard proposed to be modified with Special Use Permit) |
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Min Interior Setback |
0 ft |
10 ft |
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Min Solar Setback |
none |
15 ft |
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Max Impervious Surface |
24 % (low density option)
25%-50% (high density option with water quality feature) |
30% (high density option) |
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Maximum Floor Area (Northside Neighborhood Conservation District) |
2,000 sq. ft. per lot |
Lot 41: 979 sq. ft. Lot 42: 1,208 sq. ft. |
Resolution A includes a stipulation authorizing the dimensional standards as proposed by the applicant in the above table, including approval of a modification of regulations for the street setback.
Northside Neighborhood Conservation District: The site lies within the boundaries of the Northside Neighborhood Conservation District (CD-1), adopted by the Town Council on February 23, 2004. The Conservation District contains a number of special regulations for new development. These special regulations are outlined in the table below, with an analysis of this project’s compliance with these regulations:
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Regulation |
Standard for Northside
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229 N. Graham St. SUP Compliance |
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Maximum Primary Building Height |
20 feet |
√ |
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Maximum Secondary Building Height |
35 feet |
√ |
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Duplexes (Dwelling, Two-family - - Duplex)
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Not Permitted |
√ (no duplexes proposed) |
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Maximum Size for Single-Family Dwelling (or Single-Family with Accessory Apartment)
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2,000 square feet, variance provision maximum of 2,500 square feet |
√ (proposed dwellings are 979 sq. ft. and 1,208 sq.ft.) |
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Maximum Floor Area Ratio for Single-Family Dwelling (or Single-Family with Accessory Apartment) |
.25 |
√ (the proposed dwellings have floor area ratios of .17 and .20 – see discussion below) |
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Bathroom to Bedroom Ratio |
A dwelling with more than 2 bedrooms, and a bathroom to bedroom ratio of 1.0 or greater, shall be classified as a Rooming House unless the dwelling is occupied by persons related by blood, adoption, marriage, or domestic partnership, with not more than two unrelated persons. |
√ |
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Zoning Compliance Permit Notification |
Owners within 1,000 feet must be notified if increase in floor area is proposed or if garages are proposed |
√ (Property owners notified) |
Floor Area Ratios: As noted in the table above, the two proposed dwellings would have floor area ratios of .17 and .20, below the maximum floor area ratio of .25. These floor area ratios were calculated by dividing the proposed floor area of the dwellings into the existing gross land area of the lots. We note that if the undedicated portion of Nunn Street is dedicated as public right-of-way the gross land areas for the two proposed lots would be smaller than the existing gross land area. The floor area ratios would increase on the two proposed lots to .27 and .29. Because it is our practice to calculate floor area ratios for development projects based on existing gross land area, we believe that the proposed development meets the floor area ratio requirement for the Northside Neighborhood Conservation District.
We also believe that the proposed development meets the other special regulations of the Northside Neighborhood Conservation District, as illustrated in the table above.
Schools Adequate Public Facilities Ordinance: The proposed development is subject to the provisions of the Schools Adequate Public Facilities Ordinance. We have included a stipulation to this effect in Resolution A.
Land Use Plan: We note that the Comprehensive Plan adopted by the Council on May 8, 2000 identifies this area as medium density residential (4-8 units per acre). This density of this proposal is 7.4 units per acre.
Recreation Issues
Recreation Area and Improvements: Unlike a major subdivision or typical multi-family development, recreation area, recreation space with amenities or recreational payment-in-lieu is not required for development in the Residential-Special Standards-Conditions zoning district.
Transportation Issues
Access and Circulation: Vehicular access to the proposed development is planned from two new driveways from Graham Street.
The portion of Nunn Street within the project area is currently undedicated right-of-way and does not meet Town standards. We recommend that curb and gutter be installed along the property frontage on Nunn Street and the dedication of enough right-of-way to provide for the future construction of a new concrete sidewalk along Nunn Street.
Parking: The Ordinance requires that two parking spaces per dwelling unit be provided. We recommend that compliance with the parking regulations be required at the time of Final Plan review.
Traffic Impact: A Traffic Impact Analysis was not required for this development proposal. The requirement to prepare a Traffic Impact Analysis may be waived by the Town Manager if all of the following conditions are met:
· Daily trip generation is less than 500 (or, for a change to an existing property that does not requiring rezoning, difference in daily trip generation is less than 500);
· No more than 250 vehicles per day (or, for a change to an existing property that does not requiring rezoning, no more than 250 vehicles per day) access an existing collector or local road;
· The total traffic, including background traffic and additional traffic from proposed new site or redeveloped property does not exceed an average of 150 vehicles per day on any unpaved road;
· The applicant submits a written request for a Traffic Impact Analysis waiver with appropriate supporting documentation including pedestrian/bicycle analysis, if applicable; and
· The Town Manager concurs with the request.
·
This development proposal generates less than 20 trips per day and meet the above required criteria for an exemption.
Sidewalks: Sidewalks are not proposed with this application. We recommend that enough right-of-way be dedicated to provide for the future construction of a new concrete sidewalk along Nunn Street. If there is not enough right-of-way available on the west side of Nunn Street for a sidewalk then we recommend that the applicant dedicate right-of-way on the east side of Nunn Street. We have included a stipulation in Resolution A to this effect.
Landscaping and Architectural Issues
Buffers and Landscaping: Landscape bufferyards are not required for development located within the Residential-Special Standards-Conditions district. This applicant was exempted from the requirement to provide a landscape protection plan, as no trees currently exist on the site.
Building Elevations: We recommend that detailed building elevations and a lighting plan be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit. This recommendation is included in Resolution A.
ENVIRONMENTAL ISSUES
Impervious Surface Limits: Although this property is located outside of the Watershed Protection District, the site is subject to impervious surface limits for new lots in the Land Use Management Ordinance. Non-commercial developments located outside of the Watershed Protection District are subject to impervious surface limits of 24% (low density option) or 50% (high density option). Under the low density option, impervious surface area must not exceed 24 % or dwelling unit density shall not be greater than two units per acre. Under the high density option, impervious surface area must not exceed 50% and the development must control the runoff from the first inch of rainfall.
Thirty percent (30%) of this proposed development site is proposed to be covered by impervious surface area and therefore must comply with water quality standards under the high density option. We have included stipulations in Resolution A to this effect.
Resource Conservation District: The site does not fall within the Resource Conservation District. We recommend that the final plat include a statement about the Resource Conservation District determination. A stipulation is included in Resolution A to this effect.
Steep Slopes: The entire site is level with slopes less than 10%.
Stormwater Management: We recommend that the applicant submit a Stormwater Management Plan for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit. 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. We also recommend that the engineered stormwater facilities remove 85% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.
We also recommend that the applicant provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. We recommend that the plan include the owner's financial responsibility and include the maintenance schedule of the facilities to ensure that it will continue to function as originally intended to be approved by the Town Manager, prior to the issuance of a Zoning Compliance Permit. We have included stipulations in Resolution A to this effect.
We also note that there is no stormwater infrastructure in the immediate area to convey the stormwater from the site. We recommend that a curb inlet be installed at the intersection of Whitaker Street and Nunn Street with the curb and gutter improvements.
Utilities and Service Issues
Refuse Management: The Town will provide refuse collection service for this proposed development.
Resolution A includes a stipulation that a Solid Waste Management Plan, including provisions for recycling, should be submitted for Town review and approval prior to issuance of a Zoning Compliance Permit.
Utilities: Public water and sewer service is available to this site.
Miscellaneous Issues
Open Burning: We have included a stipulation in Resolution A requiring that no open burning associated with this development be permitted.
Special Use Permit Findings: For approval of a Special Use Permit, the Council must make the following findings, as set forth in Article 4.5.2 of the Land Use Management Ordinance:
(a) 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;
(b) 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 Supplemental Use Regulations (Article 6), and with all other applicable regulations;
(c) 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; and
(d) 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.
Upon review of the application and information that has been submitted to date, our preliminary recommendation is that these findings can be made with the proposed modification of the regulations.
CONCLUSION
Based on information available at this stage of the application review process, we believe that the proposal, with approval of the accompanying rezoning and with the conditions in Resolution A, meets the requirements of the applicable sections of the Land Use Management Ordinance and Design Manual, and that the proposal fulfills the purposes of the Comprehensive Plan.
Resolution A would approve the application and the requested modification to the regulations, with conditions.
Resolution B would deny the application.
RESOLUTION A
(Manager’s Preliminary Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR 229 NORTH GRAHAM STREET
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Empowerment, Inc. on property identified as Chapel Hill Township Tax Map 93, Block B, Lot 41 (PIN 9788075336) if developed according to the site plan dated September 28, 2004 and conditions listed below:
1. Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would comply with all required regulations and standards of the Land Use Management Ordinance;
3. Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Would 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 Table 3.8-1 (Dimensional Matrix) of the Land Use Management Ordinance to allow a 7 foot minimum street setback instead of the required 10 foot minimum street setback.
Said public purposes being that development of the proposed project provides needed affordable housing for the Town of Chapel Hill.
BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit for Empowerment, Inc. in accordance with the plans listed above and with the conditions listed below:
Stipulations Specific to the Development
1. That construction begin (two years from approval date) and be completed (three years from approval date).
2. Land Use Intensity: This Special Use Permit authorizes the creation of 2 residential lots, and land use intensity requirements and dimensional standards as specified below:
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Land Use Intensity / Dimensional Standards |
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No. of Single-Family Dwelling Units |
1 per lot |
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Type/Number of Dwelling Units |
Single Family Use - 2 Dwelling Units |
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Min Lot Size |
Lot 41: 3,344 sq. ft. Lot 42: 4,401 sq. ft. |
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Max Density per Acre |
7.4 units/acre |
|
Min Street Frontage |
Lot 41: 56.25 feet Lot 42: 53.5 feet |
|
Minimum Lot Width |
Lot 41: 56.25 feet Lot 42: 53.5 feet |
|
Min Street Setback |
7 feet |
|
Min Interior Setback |
10 feet |
|
Min Solar Setback |
15 feet |
|
Max Impervious Surface |
30% |
|
Maximum Floor Area (Northside Neighborhood Conservation District) |
Lot 41: 979 sq. ft. Lot 42: 1,208 sq. ft. |
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Minimum Parking |
2 spaces per lot |
Prior to issuance of a Zoning Compliance Permit, final plans shall be approved by the Town Manager that demonstrate compliance with these standards.
3. Nunn Street Improvements: That curb and gutter shall be constructed along the property frontage on Nunn Street. That a curb inlet shall be constructed at the intersection of Whitaker Street and Nunn Street to convey stormwater from the site. The plans for the curb and gutter and the inlet shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
4. Nunn Street Right-of-Way: That the Nunn Street right-of-way shown on the Site Plan dated September 28, 2004 shall be dedicated to the public. That sufficient right-of-way on Nunn Street shall be dedicated to provide for the future construction of a concrete sidewalk along Nunn Street, subject to Town Manager approval prior to issuance of a Zoning Compliance Permit.
5. Dedicated Right-of-Way Recordation: That all required dedicated right-of-way, including additional right-of-way necessary for improvements along Nunn Street, shall be shown on a recorded final plat, subject to approval by the Town Manager.
Stipulation Related to Affordable Housing
6. Affordable Housing: The 2 affordable housing units shall provide initial and continued affordability. Each single-family dwelling unit shall be affordable to individuals and families who have incomes at or below 80% of the area median income. Restrictive covenants, or similar restrictions, shall be recorded with the creation of each lot to ensure the continued and ongoing affordability of the dwelling units. The restrictive covenants, or similar restrictions, shall be approved by the Town Manager and recorded concurrently with the final plat.
Stipulations Related to Environmental Issues
7. 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% total suspended solids and treat the first inch of precipitation utilizing NC Division of Water Quality design standards.
8. Storm Drainageway Easement: That all stormwater management improvements, outside public right-of-way, shall be located inside reserved storm drainageway easements, per Town guidelines, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
9. Stormwater Operations and Maintenance Plan: That the applicant shall provide a Stormwater Operations and Maintenance Plan for all engineered stormwater facilities. We recommend that the plan include the owner's financial responsibility and 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.
10. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit. That a performance guarantee be provided in accordance with Section 5-97.1 of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.
11. 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 Utility and Service Issues
12. Resource Conservation District Boundaries: That the boundaries of any Resource Conservation District, including that associated with the off-site sewer improvements, shall be indicated on the final plans and final plat.
13. OWASA Easements: That easement documents as required by OWASA, and the Town Manager, be recorded concurrently with the final plat. That the final plat shall be approved by OWASA prior to Town Manager approval.
14. Utility/Lighting Plan Approval: That the final Utility/Lighting Plan be approved by Duke Power 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.
15. Utility Line Placement: That all new 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.
16. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling, and for managing and minimizing construction debris and removal of existing residential debris piles, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.
17. Fire Flow: That a fire flow report, shall be prepared and sealed by a registered professional engineer, and showing 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.
18. Fire Hydrant Spacing: That maximum spacing between fire hydrants shall not exceed 500 feet, subject to approval by the Town Manager prior to issuance of a Zoning Compliance Permit.
19. Schools Adequate Public Facilities Ordinance: That the applicant provide the necessary Certificate of Adequacy of Public Schools prior to issuance of a Zoning Compliance Permit.
20. Building Elevations and Lighting: That the Community Design Commission approve building elevations and a lighting plan for this project prior to issuance of a Zoning Compliance Permit.
21. Construction Management Plan: That a Construction Management Plan, indicating how construction vehicle and pedestrian traffic will be managed, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
22. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited unless it is demonstrated to the Town Manager or his designee that no reasonable alternative means are available for removal of the materials from the subject property. The Fire Marshall may establish safety standards, which must be met in order to receive a permit.
23. 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.
24. As-Built Plans: That as-built plans in DXF binary format using State plane coordinates, shall be provided for street improvements and all other existing or proposed impervious surfaces prior to issuance of the first Certificate of Occupancy.
25. Certificates of Occupancy: That no Certificates of Occupancy shall be issued until all required public improvements are completed; and that a note to this effect shall be placed on the final plat.
That if the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase, and that a note to this effect shall be placed on the final plat.
26. Street Names and Addresses: That the name of the development and its streets and house numbers be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.
27. Construction Sign: That the applicant shall post a construction sign 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 4 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.
28. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.
29. 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 by the Council of the Town of Chapel Hill that the Council hereby approves the application for the Special Use Permit application for 229 North Graham Street in accordance with the plans and conditions listed above.
This is the day of , 2005.
RESOLUTION B
(Denying the Special Use Permit Application)
A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR 229 NORTH GRAHAM STREET
BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Empowerment, Inc. on property identified as Chapel Hill Township Tax Map 93, Block B, Lot 41 (PIN 9788075336), if developed according to the site plans dated September 28, 2004:
1. Would not be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;
2. Would not comply with all required regulations and standards of this Chapter, including all applicable provisions of Articles 3, and 5, the applicable specific standards contained in Supplemental Use Regulations (Article 6), and with all other applicable regulations;
3. Would not be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and
4. Would not conform with the general plans for the physical development of the Town as embodied in this Chapter and in the Comprehensive Plan.
BE IT FURTHER RESOLVED that the Town Council hereby denies the application for a Special Use Permit for 229 North Graham Street in accordance with the plans listed above and with the conditions listed below:
(INSERT ADDITIONAL REASONS FOR DENIAL)
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for 229 North Graham Street as proposed by Empowerment, Inc.
This the _________ day of _______________, 2005.