AGENDA #7b
TO: Mayor and Town Council
From: W. Calvin Horton, Town Manager
Subject: 229 N. Graham St. - Application for Special Use Permit
DATE: February 14, 2005
INTRODUCTION
Tonight, the Council continues the Public Hearing from January 26, 2005, regarding the Special Use Permit for the development of two 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).
Accompanying this request is an application to rezone the site from Residential-3 (R-3) to Residential-Special Standards-Conditional (R-SS-C). 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.
|
This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:
¨ Cover Memorandum: Provides background on the development proposal and the Town’s review process, and offers recommendations for Council action.
¨ Attachments: Includes resolutions of approval and denial, and a copy of the Public Hearing memorandum and its related attachments. |
BACKGROUND
On January 26, 2005, a Public Hearing was held to consider a Special Use Permit application to authorize the creation of two lots and associated construction of two 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 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, based on the evidence presently in the record thus far, we provide the following evaluation of this application based around the four findings of facts that the Council must consider for granting a Special Use Permit.
|
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.
|
Staff Comment: We believe the evidence in the record to date can be summarized as follows:
Evidence in support: Evidence in support of Finding #1, as offered in the attached applicant’s Statement of Justification (provided as an attachment to the January 19, 2005 memorandum) can be summarized as follows:
“The proposed project will promote public health, safety, and general welfare by offering two newly constructed, well designed, and energy efficient homes that conform to and exceed local building codes, Land Use Management Ordinance (LUMO) requirements, and the proposed Northside Neighborhood Conservation District regulations.” [Applicant’s Statement]
Additional evidence presented by the applicant in support of this finding is offered in the attached Statement of Justification.
Evidence in opposition: At the Public Hearing in January, a citizen expressed concern that the flexible design standards being applied to the house placement were not in keeping with the existing development that has occurred with the Residential-3 zoning designation.
|
Finding #2: That the use or development complies with all required regulations and standards of the Land Use Management Ordinance.
|
We believe the evidence in the record to date can be summarized as follows:
Evidence in support: Evidence in support of Finding #2, as offered in the attached applicant’s Statement of Justification (provided as an attachment to the January 19, 2005 memorandum) can be summarized as follows:
“The proposed project will conform to all Development Ordinance and land development regulations.” [Applicant’s Statement]
“The two homes will be sited to meet all setback requirements, parking requirements, and the designs of the two homes are within the height requirements, floor area ratios, and building size restrictions per the Northside Neighborhood Conservation District.” [Applicant’s Statement]
Additional evidence presented by the applicant in support of this finding is offered in the attached Statement of Justification.
Evidence in opposition: Evidence in opposition of Finding #2 for this application would include the fact that, if the accompanying Zoning Atlas Amendment application is not approved, the proposed development will not meet the Land Use Management Ordinance for minimum lot size, minimum recreation space, maximum dwelling units, setbacks, or landscape buffers. If the Zoning Atlas Amendment is not approved, we agree that this finding is not met.
|
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;
|
We believe the evidence in the record to date can be summarized as follows:
Evidence in support: Evidence in support of Finding #3, as offered in the attached applicant’s Statement of Justification (provided as an attachment to the January 19, 2005 memorandum) can be summarized as follows:
“This proposed development will not only integrate well into the surrounding neighborhood, but will also enhance the value of contiguous properties. The scale, design and general appearance of the two proposed single-family detached homes will fit the character of the Northside neighborhood very well, especially neighboring properties on N. Graham Street, Whitaker Street, Nunn Street and Sykes Street. The sale of the homes to low to moderate-income families as a place of residence fits very well with the usage of neighboring properties.” [Applicants Statement]
Additional evidence presented by the applicant in support of this finding is offered in the attached Statement of Justification.
Evidence in opposition: At the Public Hearing in January, a citizen expressed concern that the flexible design standards being applied to the house placement were not in keeping with the existing development that has occurred with the Residential-3 zoning designation.
|
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.
|
We believe the evidence in the record to date can be summarized as follows:
Evidence in support: Evidence in support of Finding #4, as offered in the attached applicant’s Statement of Justification (provided as an attachment to the January 19, 2005 memorandum) can be summarized as follows:
· “ . . . the proposed project conforms with Zoning Atlas requirements and embodies many of the goals, strategies and recommended actions of Chapel Hill’s Comprehensive Plan. The proposed project has been a very open and public process that offers great potential to not only provide affordable homeownership opportunities to two low to moderate-income families, but greatly improves the safety and appearance of a historic downtown neighborhood.” [Applicant’s Statement]
Additional evidence presented by the applicant in support of this finding is offered in the attached Statement of Justification.
Evidence in opposition: We have not identified any evidence offered in opposition to Finding #4.
KEY ISSUES
We have identified the following key issues associated with this development: 1) applicability of stormwater management regulations, 2) status of intersection realignment, 3) house designs/site conditions, 4) precedent of Residential-Special Standards-Conditional Zoning District. The issues are discussed below.
Applicability of Stormwater Management Regulations: The applicant handed out a revised Statement of Justification at the January 26, 2005 Public Hearing (copy attached) which requested an exemption from the stormwater management regulations of the Land Use Management Ordinance. The request asked that the proposal not be considered to be part of a larger common development plan.
Comment: The provisions of Section 5.4.2 (b) of the Ordinance provides an exemption for “single-family and two-family developments and redevelopments that do not disturb more than 5,000 square feet of land area, provided they are not part of a larger common development plan.” Although the disturbance proposed on each of the new lots will be under 5,000 square feet, we believe that the subdivision of the property into two lots makes the resultant lots part of a larger common development plan. This interpretation has been consistent since the enactment of the Ordinance. We do not believe that the exemption provision is applicable and we would not recommend a modification of the regulations in this situation.
Status of Discussion of Intersection Realignment: A Council member asked about the status of consideration of realignment of the Nunn Street, Whitaker Street, North Graham Street intersection.
Comment: The possibility of realigning this intersection was first discussed in 2002 when the Town provided Community Development funds to EmPOWERment to purchase this property. It was further discussed in reports to the Council from the Sykes Street Steering Committee. With input from the Committee and the staff, it was determined that realignment of the intersection was not feasible or desirable.
House Designs/Site Conditions: A Council member requested special design considerations for the new homes because of the extensive road frontage for each new lot. A Council member also asked about the possibility of sharing a driveway.
Comment: To address these concerns, the applicant has indicated that the proposed designs for the new houses/driveways will be provided at the meeting. A condition of approval in Resolution A requires Community Design Commission approval of building elevations and lighting plans.
Precedent of Residential-Special Standards-Conditional Zoning District: A neighbor expressed concern about the flexible design standards being applied to this development and precedent for other developers to request the same treatment.
Comment: 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. 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 two affordable single-family dwelling units for sale and private ownership. 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.
We continue to encourage development of affordable housing with the Residential-Special Standards-Conditional zoning district.
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.
Town Manager’s 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.
Resolution B would deny the application.
ATTACHMENTS
1. Revised Statement of Justification (p. 13)
2. January 19, 2005 Memorandum and its related attachments (p. 15).
RESOLUTION A
(Manager’s Recommendation)
A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR 229 NORTH GRAHAM STREET (2005-02-14/R-12a)
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council 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 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 by February 14, 2007 (two years from approval date) and be completed by February 14, 2008 (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:
Land Use Intensity / Dimensional Standards |
|
|
|
|
|
No. of Single-Family Dwelling Units |
1 per lot |
|
Type/Number of Dwelling Units |
Single Family Use - 2 Dwelling Units |
|
Min Lot Size |
Lot 41: 3,344 sq. ft. Lot 42: 4,401 sq. ft. |
|
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. |
|
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.
BE FURTHER IT RESOLVED 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 14th day of February, 2005.
RESOLUTION B
(Denying the Special Use Permit Application)
A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR 229 NORTH GRAHAM STREET (2005-02-14/R-12b)
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council 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)
BE IT RESOLVED that the Council hereby denies the application for 229 North Graham Street as proposed by Empowerment, Inc.
This the 14th day of February, 2005.