ATTACHMENT 14
Dobbins Hill Apartments
(Phase II)
SPECIAL USE PERMIT MODIFICATION
STATEMENT OF JUSTIFICATION
Standards and Findings of Fact
Section 4.5.2 of the Town of Chapel Hill’s Land Use Management Ordinance states that “No Special Use Permit shall be recommended by the Town Manager or Planning Board for approval and no Special Use Permit shall be approved by the Town Council unless each of the following findings is made concerning the proposed special use or planned development:
(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;
(2) 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;
(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
(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.”
The applicant hereby submits the following evidence that the proposed Phase II of the Dobbins Hill Apartments meets the standards and findings of fact necessary for approval by the Town of Chapel Hill.
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 existing Dobbins Hill Apartment development has proven over the last 10 years to be located, designed and operated in a successful manner that provides affordable housing opportunities for its residents while maintaining the public health, safety, and general welfare. The second phase of the Dobbins Hill Apartment will benefit from the same location and design, and will be operated in the same manner as the existing development, thereby also maintaining the public health, safety, and general welfare.
· The site will be bordered by and have direct access to two public roads (Dobbins Drive and the new Street “A’ to be constructed by the Wilson Assemblage development) providing easy access to Sage Road, Erwin Road and US Highway 15-501, which are each utilized by established bus routes. Consequently, the site is located in a manner that maximizes mass transit opportunities, thereby promoting public safety and general welfare by potentially reducing automobile trips related to the project.
· The existing site only has one point of ingress and egress, from Dobbins Drive. The proposed development will include an additional point of ingress and egress to the north, thereby improving the public safety of existing residents.
· Buffers are provided against adjoining residential and non-residential land uses.
· The provision of additional permanently affordable housing units will promote the general welfare of the greater community.
Finding # 2: “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.”
· As proposed, Phase II of the Dobbins Hill Apartments is in compliance with all of the required regulations and standards of the Land Use Management Ordinance, with the exception of the requested modifications of regulations as noted below (floor area, density, primary building height, and building envelope).
· In accordance with the site’s existing Residential-4 (R-4) zoning district, as regulated in Article 3 of the Land Use Management Ordinance, a maximum floor area of 74,152 square feet is permitted on the site. The existing Dobbins Hill Apartment development includes 55,690 square feet, and the developer is proposing to add an additional 39,810 square feet of floor area to the site, for a total floor area of 95,500 square feet. In accordance with Section 4.5.6 of the Land Use Management Ordinance, the applicant requests that the Town Council modify the permitted floor area for the site by making the finding that public purposes are satisfied to an equivalent or greater degree by the provision of additional permanently affordable housing opportunities for the greater community.
· In accordance with the site’s existing Residential-4 (R-4) zoning district, as regulated in Article 3 of the Land Use Management Ordinance, a maximum density of 10.0 units per acre is permitted on the site. The existing Dobbins Hill Apartment development includes 7.4 units per acre (55 units on 7.4 acres), and the developer is proposing to add an additional 32 units for a new density of 11.8 units per acre. In accordance with Section 4.5.6 of the Land Use Management Ordinance, the applicant requests that the Town Council modify the permitted density for the site by making the finding that public purposes are satisfied to an equivalent or greater degree by the provision of additional permanently affordable housing opportunities for the greater community.
· In accordance with the site’s existing Residential-4 (R-4) zoning district, as regulated in Article 3 of the Land Use Management Ordinance, a maximum Primary Building Height of 34 feet and Secondary Building Height of 60 feet are permitted on the site. The northernmost end of Building A is proposed to have a height of 42 feet above mean natural grade (39 feet of building height + 3 feet of grade). In addition, the roof ridge reaches a peak height of 45 feet (42 feet of building height + 3 feet of grade differential). Thus, the northernmost portion of Building A exceeds the primary height limit by 8 feet, and the peak ridge of the roof protrudes outside the allowed building envelope by approximately 3 feet. In accordance with Section 4.5.6 of the Land Use Management Ordinance, the applicant requests that the Town Council modify the permitted maximum primary height limit and associated building envelope for Building A by making the finding that public purposes are satisfied to an equivalent or greater degree by (1) the modification being adjacent to a 22-foot street setback (which includes a 20-foot Type C Buffer) and a 50-foot street right-of-way, and (2) by the provision of additional permanently affordable housing opportunities for the greater community.
· All setbacks and the building height for Building B are proposed in accordance with Table 3.8-1.
· The site is designed in conformance with the design and development standards prescribed in Article 5 of the Land Use Management Ordinance. In particular, the development seeks to follow steep slope regulations prescribed in Section 5.3.2 of the Ordinance
· Stormwater management will be provided off-site in accordance with the requirements of Section 5.4 of the Ordinance.
· Recreational requirements, as outlined in Section 5.5 of the Land Use Management Ordinance are proposed to be met through the provision of on-site facilities and, if necessary, a payment-in-lieu to the Town.
· Landscaping, screening and buffering are provided in accordance with Section 5.6 of the Land Use Management Ordinance, while tree protection is provided in accordance with Section 5.7 of the Ordinance.
· Access, circulation and parking are proposed in accordance with Sections 5.8 and 5.9 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.”
· The existing Dobbins Hill Apartment development has proven over the last 10 years to be located, designed and operated in a successful manner that has maintained and/or enhanced the value of contiguous property. The second phase of the Dobbins Hill Apartment will benefit from the same location and design, and will be operated in the same manner as the existing development, thereby continuing to maintain and/or enhance the value of contiguous property.
· As evidenced by other developments in the Town of Chapel Hill where multi-family residences have been located and built adjacent to neighboring multi-family uses, the proposed Phase II of the Dobbins Hill Apartments will continue to maintain or enhance the value of these adjoining residential developments.
· Phase II of the Dobbins Hill Apartments consists of two new buildings that are proposed for construction along the western border of the existing site. This western border is currently adjacent to undeveloped land that is part of the proposed Wilson Assemblage development. In particular, the Wilson Assemblage Special Use Permit is proposing to locate several new apartment buildings along the western border of the Dobbins Hill Apartments site. Consequently, the Dobbins Hill’s two new buildings are proposed adjacent to undeveloped land that is also proposed for apartment use. Based on the identical proposed uses on these two adjacent sites, the finding can be made that the two new buildings proposed on the Dobbins Hill Apartment site are located, designed and proposed to be operated in a manner that will maintain the value of contiguous property.
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.”
· The Comprehensive Plan identifies the following goals related to the provision of affordable housing:
- “Create and preserve affordable housing opportunities.”
- “Increase the availability of well-designed, affordable, safe and sanitary housing for all citizens of Chapel Hill.”
- “Explore methods for insuring lasting affordability of housing units.”
- “Make it easier for people to live and work in Chapel Hill.”
Applicant’s Response: This proposal creates 32 new affordable dwelling units through a second phase of the existing Dobbins Hill Apartments development. These 32 additional affordable housing units will serve to ensure that a portion of Chapel Hill’s housing stock will remain affordable to low and moderate income families in the future. Furthermore, the provision of these affordable units will create well-designed, safe and sanitary housing that will be available to citizens earning less than 50% of the area’s median income, which will make it easier for people to afford to live and work in Chapel Hill.
· The Comprehensive Plan also discusses the goal of “maintaining housing diversity in the face of a predominantly high-end, high-cost housing market” and acknowledges the “need to provide quality housing affordable to all segments of the community.”
Applicant’s Response: This proposal offers quality housing that will serve an underserved portion of the Town’s population while also providing much-needed housing diversity for the Town.
· The Comprehensive Plan identifies the following objective: “provide opportunities to create “living and working neighborhoods”, or mixed-use developments in appropriate locations.”
Applicant’s Response: This application proposes just such a neighborhood. With neighboring office buildings on adjacent tracts, some of which include limited ground-floor retail opportunities, this development proposes to place additional residences in a location that will function as a living and working neighborhood that is also located in an appropriate location – close to major roads and mass transit opportunities.