AGENDA #10a

MEMORANDUM

TO: Mayor and Town Council

From: W. Calvin Horton, Town Manager

Subject: Holy Trinity Lutheran Church - Application for Special Use Permit (File Nos. 7.80.E.38 and 38A)

DATE: May 9, 2005

INTRODUCTION

Tonight the Council continues the Public Hearing from April 18, 2005, regarding a Special Use Permit to allow the construction of the 11,540 square foot sanctuary building at 227 East Rosemary Street. The 0.88-acre site is located on the north side of East Rosemary Street between Cottage Lane and Friendly Lane, across the street from the existing Holy Trinity Lutheran Church. A total of 28 parking spaces are proposed. The site is located in the Residential-6 (R-6) zoning district and the Franklin-Rosemary Historic District and is identified as Orange County Tax Map 80, Block E, Lots 38 and 38A (PIN Nos. 9788-48-6433 and 9788-48-5503).

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. We recommend that the Council adopt Resolution A, approving the application.

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, discusses key issues raised at the April 18, 2005 Public Hearing, presents evidence in the record thus far in support of and in opposition to approval of the application, and offers recommendations for Council action and includes resolutions of approval and denial.

¨ Attachments: Includes a copy of a document from the applicant and the April 18, 2005 Public Hearing memorandum.

BACKGROUND

Concept Plan reviews of this application were conducted by the Community Design Commission on May 13, 2004, and by the Town Council on July 14, 2004.

KEY ISSUES

We have identified two key issues associated with this development, discussed below.

Cottage Lane Improvements: Council members expressed concern regarding the proposed width of Cottage Lane. The staff was asked to meet with the applicant and neighbors regarding the existing street width, recommended improvements, and additional options for Cottage Lane improvements. Please refer to correspondence from neighbors regarding Cottage Lane (Part of Attachment 1).

Comment: Following discussion with the applicant, neighbors and Town staff, we have revised the Manager’s recommendation.

Cottage Lane is a one-block long, two-way street that runs northward from the intersection of East Rosemary Street. At the April 18 Public Hearing, the Manager’s preliminary recommendation was to improve Cottage Lane to a 20-foot width with a five-foot, turned-down, sidewalk, with a 25-foot wide right-of-way and a 2-foot wide maintenance easement, to back of the sidewalk. There were differing opinions regarding the existing width of Cottage Lane, and therefore the applicant met with neighbors and Town staff following the hearing to take measurements and verify the existing street width.

The Cottage Lane width varies from 19 feet at its mouth to 15 feet near the rear parking lot, and narrows to 12 feet beyond the parking lot, at the rear of the site. See the four photographs below, which illustrate Cottage Lane at its most typical width of 16 feet.

Cottage Lane Width: Approximate pavement width in front of truck is 16 feet (plus or minus 0.5 feet). Note that the edge of pavement is covered with debris and the lane is overgrown with shrubs making it appear narrower than it is.

Cottage Lane Width: Approximate pavement width in front of vans is 16 feet (plus or minus 0.5 feet). Note that the edge of pavement is covered with debris and the lane is overgrown with shrubs, making it appear narrower than it is.

The recommended Town Standard lane width for a local street is 11 feet for each lane, for a total road width of 22 feet, plus a 5-foot wide sidewalk. We believe that a 5-foot sidewalk would be important to add to this street for pedestrian circulation. The Engineering Department has indicated that the smallest possible width for a two-way local street is 16 feet. The Engineering Department additionally noted that State funding for streets, through the Powell Bill, is only available for streets that are a minimum of 16 feet wide. The Fire Department has indicated that the minimum street width for operation of equipment is 15 feet with a 5-foot sidewalk for an effective width of 20 feet. We recommend a turned-down curb design allowing trucks to make use of the combined street and sidewalk width. Based on this information, we are recommending a 16-foot street with a 5-foot sidewalk adjacent to the street connected by a turned-down curb design.

This minimum recommended 16-foot street width would result in a minor one-foot widening of the lower portion of Cottage Lane, near the parking lot, from 15 to 16 feet wide. For the short segment of Cottage Lane that would be widened by one foot, the widening would occur on the church’s side of the road. On balance, we believe that this revised recommendation satisfies the dual concerns for public safety and neighborhood character (i.e. minimizing the width of Cottage Lane). In addition, the existing right-of-way width is 10 feet. Accordingly, we recommend that the applicant dedicate additional right-of-way to accommodate the recommended street and sidewalk width. We have included stipulations to this effect in Resolution A.

There was staff discussion regarding an alternative one-way circulation pattern for Cottage and Friendly Lanes because of the narrow street widths in this neighborhood. We have not included a one-way street design alternative for Council consideration because we believe this option if not desirable for the following reasons: 1) public access would be needed across the church property, and dedicated right-of-way through the Church parking lot would be necessary to connect Cottage and Friendly Lanes, 2) pavement would be required to be upgraded to Town Standard through the parking lot right-of-way, and 3) the neighbors have expressed opposition to the one-way design option.

Modification to Floor Area: A Council member asked for additional information regarding the applicant’s request for a modification to floor area as it related to the proposed width of Cottage Lane and gross land area of the site.

Comment: Provisions in Section 3.8.1 of the Land Use Management Ordinance state that the maximum floor area permitted on a given site is determined by the product of the gross land area and the floor area ratio. In this case the maximum floor area allowed is 10,953 square feet. The applicant is requesting a modification to Section 3.8.1 of the Land Use Management Ordinance to exceed the maximum permitted floor area by 587 square feet, to construct a total of 11,540 square feet of floor area.

We recommend approval of this modification to regulations and believe that the Council could make a finding that the modification would satisfy public purposes to an equivalent or greater degree with the said public purposes being: 1) the expansion of an established place of worship and 2) the improvement of an abandoned property in the Franklin-Rosemary Historic District that has fallen into disrepair.

EVALUATION OF THE APPLICATION

The standard for review and approval of a Special Use Permit application involves consideration of four findings of fact that the Council must consider for granting a Special Use Permit. Based on the evidence that is accumulated during the Public Hearing, the Council will consider whether it can make each of the four required findings for the approval of a Special Use Permit. If, after consideration of the evidence submitted at the Public Hearing, 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.

Tonight, based on the evidence in the record thus far, we provide the following evaluation of this application based on 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.

We believe the evidence in the record to date can be summarized as follows:

Evidence in support: Evidence in support of this finding for the application has been provided by the applicant’s Statement of Justification (part of Attachment 1).

We note the following points from the applicant’s Statement of Justification:

“The proposed facility will further these findings by reducing traffic (existing parking lot and walking distance to Town), storm water runoff control, walkability (new sidewalk on Cottage Lane), street safety and maintenance (improvements and additional right of way to Cottage Lane) and fire and emergency vehicle access.” [Applicant’s Statement]

Evidence in opposition: We have not identified any evidence offered in opposition to Finding #1.

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

Finding #2: 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.

We believe the evidence in the record to date can be summarized as follows:

Evidence in support: Evidence in support of Finding #2 for this application has been provided by the applicant’s Statement of Justification (part of Attachment 1).

We note the following points from the applicant’s Statement of Justification:

“The proposed facility complies with all of these regulations and standards except for the specific modifications and exceptions requested and described below.” [Applicant’s Statement]

Evidence in opposition: Evidence in opposition of Finding #2 for this application would include the fact that, if the request for modifications of regulations are not approved, the proposed development would not meet the Land Use Management Ordinance provisions for maximum building height, maximum floor area, minimum setbacks, and minimum landscape buffers.

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

Finding #3: That the use would be 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 for this application has been provided by the applicant’s Statement of Justification (part of Attachment 1).

We note the following points from the applicant’s Statement of Justification:

“The proposed facility will enhance the value of contiguous property by replacing a dilapidated, abandoned and vagrant ridden eyesore of a building with an attractive, well maintained and historically compatible structure.” [Applicant’s Statement]

Evidence in opposition: We have not identified any evidence offered in opposition to Finding #3.

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

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 for this application has been provided by the applicant’s Statement of Justification (part of Attachment 1).

We note the following key points from the applicant’s Statement of Justification:

The proposed facility will be located near downtown, on a previously developed site, with existing infrastructure, in a historically compatible manner. This is in keeping with the Towns stated goals of a more urban form of development, walkability and less reliance of the automobile, reduced dependence on expansion of the Town’s infrastructure, and protection of existing historic neighborhoods [Applicant’s Statement].

Evidence in opposition: We have not identified any evidence offered in opposition to Finding #4.

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

PROPOSED MODIFICATIONS OF REGULATIONS

The applicant is requesting four modifications to regulations from two sections of the Land Use Management Ordinance. The Town Council has the ability to modify the regulations, according to Section 4.5.6 of the Land Use Management Ordinance, as follows:

“Where actions, designs, or solutions proposed by the applicant are not literally in accord with applicable special use regulations, general regulations, or other regulations in this Chapter, but the Town Council makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree, the Town Council may make specific modification of the regulations in the particular case. Any modification of regulations shall be explicitly indicated in the Special Use Permit or Modification of Special Use Permit.”

1. Section 3.8.1 Height Regulations: Section 3.8.1 of the Land Use Management Ordinance permits a secondary maximum building height of 60 feet in the Residential-6 (R-6) zoning district and an additional 15% height provision for steeples, or 69 feet total. The applicant is proposing a steeple height of 83 feet, and has stated that the additional height is necessary for proper scale and massing (see Requested Modifications in Applicant’s Statement of Justification, part of Attachment 1).

We believe that the applicant’s request to modify height regulations in Section 3.8.1 of the Land Use Management Ordinance to allow a taller steeple is reasonable and that the additional height of the steeple would satisfy public purposes to an equivalent or greater degree for the following reasons: 1) the minimal massing of a steeple would not be incongruous with neighborhood architecture, and 2) the minimal massing of a steeple would not cast excessive shadows. Additionally, the Historic District Commission endorsed the proposed 83-foot steeple height during Concept Plan review and will further review elevations during Final Plan approval. We recommend approval of this modification and believe that the Council could make a finding that the modification would satisfy public purposes to an equivalent or greater degree.

2. Section 3.8.1 Setback Regulations: Section 3.8.1 of the Land Use Management Ordinance requires street building setbacks of 20 feet in the Residential-6 (R-6) zoning district. The applicant is proposing a minimum street setback on the eastern property line, on the Cottage Lane frontage, of 5 feet. The applicant states that the additional dedication of right-of-way on Cottage Lane makes the 20-foot building setback untenable (see Requested Modifications in Applicant’s Statement of Justification, part of Attachment 1).

We believe that the applicant’s request to modify setback regulations in Section 3.8.1 of the Land Use Management Ordinance to allow narrower street setbacks is reasonable and that the reduced setbacks on Cottage Lane would satisfy public purposes to an equivalent or greater degree for the following reasons: 1) the proposed church is required to have sprinklers, which will minimize fire safety concerns due to the building’s proximity to houses across Cottage Lane, and 2) the existing building does not meet setback requirements. We recommend approval of this modification and believe that the Council could make a finding that the modification would satisfy public purposes to an equivalent or greater degree.

Section 5.6 Landscape Buffer Regulations: Section 5.6 of the Land Use Management Ordinance requires the following landscape buffers in the Residential-6 (R-6) zoning district, as shown in the table below. The applicant is requesting a modification to regulations on all boundaries of the site. The applicant has stated that proposed buffer widths will be the same as existing buffers but that they will be augmented with additional plantings. They have also stated that the Historic District Commission may be able to approve alternative landscape buffers. We believe that the applicant will only require a modification to regulations for the eastern (Cottage Lane frontage) landscape buffer whereas alternative buffers can be proposed on the other property lines (see Requested Modifications in Applicant’s Statement of Justification, part of Attachment 1).

Landscape Buffers
Location	Ordinance Requirement (Min.)	Proposed Buffers
Southern Property Line (E. Rosemary St. frontage)	20 ft. Type ‘C’ External Buffer	20 ft. Type ‘C’ External Buffer (with encroachment of 45 square-foot brick landing)
Eastern Property Line (Cottage Lane frontage)	20 ft. Type ‘C’ External Buffer	Variable Width External Buffer (5-10 ft.)
Northern Property Line (rear of site)	20 ft. Type ‘C’ Internal Buffer	Variable Width Internal Buffer (7-20 ft.)
Western Property Line (towards Friendly Lane )	20 ft. Type ‘C’ Internal Buffer	Variable Width Internal Buffer (6-10 ft.)

We believe that the applicant’s request to modify landscape buffer regulations in Section 5.6 of the Land Use Management Ordinance to allow narrower landscape buffer widths is reasonable and that the reduced landscape buffers on Cottage Lane would satisfy public purposes to an equivalent or greater degree for the following reasons: 1) the proposed landscape buffers would be planted with more appropriate and dense landscaping for the site providing for more aesthetic separation of uses, and 2) the existing building does not meet landscaping requirements and is currently overgrown and is in poor condition. We recommend approval of this modification and believe that the Council could make a finding that the modification would satisfy public purposes to an equivalent or greater degree.

3. Section 3.8.1 Floor Area Regulations: Section 3.8.1 of the Land Use Management Ordinance permits 10,953 square feet of floor area in the Residential-6 (R-6) zoning district. The applicant is proposing 11,540 square feet of floor area, thereby exceeding the maximum allowable floor area by 587 square feet. The applicant states that the additional dedication of Cottage Lane right-of-way has reduced gross land area to the extent that it falls short of the area required for the proposed floor area (see Requested Modifications in Applicant’s Statement of Justification, part of Attachment 1).

We believe that the applicant’s request to modify floor area regulations in Section 3.8.1 of the Land Use Management Ordinance to exceed maximum floor area is reasonable and that the reduced setbacks on Cottage Lane would satisfy public purposes to an equivalent or greater degree for the following reasons: 1) the proposed church would have adequate gross land area were it not for the dedication of additional right-of-way, and 2) the applicant is requesting approval to exceed the maximum floor area allowed marginally, by 587 square feet or 5.4%. We recommend approval of this modification and believe that the Council could make a finding that the modification would satisfy public purposes to an equivalent or greater degree.

Alternatively, the Town Council could reasonably conclude that some or all of the proposed modifications to regulations would not satisfy public purposes to an equivalent or greater degree and could therefore deny the application or require compliance with the particular regulation(s).

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 findings regarding health, safety and general welfare, and consistency with the Comprehensive Plan. The Manager’s recommendation incorporates input from all Town departments involved in review of the application.

RECOMMENDATIONS

Recommendations are summarized below. Please see summaries of board actions and recommendations in the attachments.

Planning Board Recommendation: On March 1, 2005, the Planning Board voted 9-0 to recommend that the Council approve this application with the adoption of Resolution B with conditions. Please see the attached Summary of Planning Board Action (Part of Attachment 1).

Resolution B includes the following stipulation:

· Cottage Lane Maintenance and Access Easement: That the applicant shall dedicate a maintenance and access easement to the Town, of adequate width to accommodate the additional street width required on Cottage Lane for a 20-foot wide street. This easement shall be approximately 13 feet wide and extend from the edge of existing right-of-way to the edge of the required sidewalk, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

Comment: We do not concur with this recommendation. We recommend that Cottage Lane be 16 feet wide with a 5-foot wide sidewalk and included in a 21-foot wide right-of-way, rather than a maintenance and access easement.

Resolution A includes the following stipulations:

· Alternative Landscape Buffers: That the applicant shall provide alternative buffers on the southern, northern and western property lines. The applicant shall provide supplemental alternative buffer plantings on the southern property line, fencing (existing) on the northern property line, and additional fencing, a wall, or the like, on the western property line, if required by the Historic District Commission. Alternative landscape buffers shall be approved by the Historic District Commission prior to issuance of a Zoning Compliance Permit.

Comment: We concur with this recommendation. For additional discussion please refer to Staff Report Update (Part of Attachment 1).

· Specimen Tree Protection: That the applicant shall protect the three specimen trees, the 25-inch Maple, 30-inch Maple, and 37-inch Willow Oak, from damage on the East
Rosemary Street frontage, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

Comment: We concur with this recommendation. For additional discussion please refer to Staff Report Update (Attachment 1).

· Fire Hydrant: That the proposed fire hydrant, near the parking lot at the rear of the site, shown on the Utility Plan, Sheet SD 5.0 (dated November 30, 2004), shall not be required as shown on plans.

Comment: We concur with this recommendation. For additional discussion please refer to Staff Report Update (Part of Attachment 1).

Historic District Commission Recommendation: On March 10, 2005, the Historic District Commission voted 6-0 to recommend that the Council approve this application with the adoption of Resolution C with conditions. Please see the attached Summary of Historic District Commission Action (Part of Attachment 1).

Resolution C includes the following stipulations:

The Historic District Commission recommended revising two stipulations, regarding the width of Cottage Lane, and made an additional recommendation, as follows:

· Cottage Lane Improvements: That the applicant shall improve Cottage Lane to a 15-foot wide street and a 5-foot wide turn-down sidewalk, designed to function as part of the street, to accommodate emergency vehicles, built to Town Standard, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.

Comment: We recommend that Cottage Lane be 16 feet wide within a 21-foot wide right-of-way, rather than a maintenance and access easement. We do not concur with this recommendation. For additional discussion please refer to Staff Report Update (Part of Attachment 1).

· Cottage Lane Maintenance and Access Easement: That the applicant shall dedicate a maintenance and access easement to the Town, of adequate width to accommodate the additional street width required on Cottage Lane for a 15-foot wide street. This easement shall extend from the edge of existing right-of-way to the back edge of the required sidewalk, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

Bicycle and Pedestrian Advisory Board Recommendation: On March 22, 2005, the Bicycle and Pedestrian Advisory Board voted 7-1 to recommend that the Council approve this application with the adoption of Resolution C. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action (Part of Attachment 1).

The Bicycle and Pedestrian Advisory Board recommended revising the same two stipulations as the Historic District Commission and the Transportation Board, regarding the width of Cottage Lane. Please see Resolution C and the Historic District Commission recommendations above.

Transportation Board Recommendation: On April 5, 2005, the Transportation Board voted 7-0 to recommend that the Council approve this application with the adoption of Resolution C. Please see the attached Summary of Transportation Board Action (Part of Attachment 1).

The Transportation Board recommended revising the same two stipulations as the Historic District Commission and the Bicycle and Pedestrian Advisory Board, regarding the width of Cottage Lane. Please see Resolution C and the Historic District Commission recommendations above.

Manager’s Revised Recommendation: Since the April 18, 2005 Public Hearing, the following stipulations have been revised, modification to regulations has been requested, and supplemental revised plans have been distributed and are included in the Manager’s Recommendation:

1) Revised Stipulations:

Cottage Lane Improvements: That the applicant shall improve Cottage Lane to a 16-foot wide street, for approximately 315 linear feet, from East Rosemary Street to the entrance to the rear parking lot, above the built to Town Standard, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.

This change has been made to stipulation 4.

Cottage Lane Right-of-Way Dedication: That the applicant shall dedicate right-of-way to the Town, in addition to the existing 10-foot right-of-way, from the eastern edge of the 16-foot wide Cottage Lane pavement to the back edge of the 5-foot wide sidewalk on the west side of the street, to include the entire improved 21-foot street and sidewalk width, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. This dedicated right-of-way shall extend approximately 335 linear feet from East Rosemary Street to the back property boundary of the site

This change has been made to stipulation 6.

2) Modification to Regulations Requested:

a. Modification of Section 3.8.1 of the Land Use Management Ordinance maximum floor area requirements, to allow a maximum floor area of 11,540 square feet.

This modification is referenced in Resolution A.

3) Supplemental Revised Plans Distributed:

a. The applicant distributed supplemental revised plans at the April 18, 2005 Public Hearing including three sheets, 1) Buffer elevation of west side of proposed sanctuary; 2) Landscape Plan indicating revised plantings on west side of sanctuary; and 3) revised utility plan indicating OWASA easement (Attachment 2).

This supplemental information is referenced in Resolution A.

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 with the requested modification of the regulations. We recommend that the Council adopt Resolution A, approving the application with conditions.

Resolution B would approve the application as recommended by the Planning Board.

Resolution C would approve the application as recommended by the Historic District Commission, Bicycle and Pedestrian Advisory Board, and Transportation Board.

Resolution D would deny the application.

Holy Trinity Lutheran Church - Special Use Permit

Differences Among Resolutions

ISSUES	Resolution A (Approval) Town Manager’s Revised Recommendation	Resolution B (Approval) Planning Board Recommendation	Resolution C (Approval) 1) Historic District Commission, 2) Bicycle & Pedestrian Advisory Board, and 3) Transportation Board Recommendations
Accept Revisions To Landscape Plan And Utility Plan Presented At April 18 Public Hearing	Yes	*	*
Provide 16-foot Cottage Lane Width and a 5-Foot Sidewalk for a Total Width of 21 Feet	Yes	No, 20- Foot Wide Street and a 5-Foot Sidewalk a Total Width of 25 Feet	No, 15-Foot Wide Street and a 5-Foot Sidewalk a Total Width of 20 Feet
Dedicate Additional Right-Of-Way on Cottage Lane to Include Street and Sidewalk for Total Right-Of-Way of 21 Feet	Yes	*	*
Record 2-Foot Maintenance and Access Easement at Back Edge of Proposed Cottage Lane Sidewalk	Yes	*	*
Delete Requirement for Off-Site Buffer Easement on Western Property Line	Yes, Based on New Information	Yes, Based on New Information	*
Delete Requirement to Relocate Existing Waterline on East Rosemary St. Frontage	Yes, Based on New Information	Yes, Based on New Information	*
Delete Requirement for Proposed Fire Hydrant at Rear of Site	Yes, Based on Reevaluation by Fire Marshall	Yes, Based on Reevaluation by Fire Marshall	*

*Issues not raised at Advisory Board meeting.

ATTACHMENTS

1. Supplemental Revised Plans Distributed by Applicant at April 18, 2005 Public Hearing (p. 29).

2. April 18, 2004 Public Hearing Memorandum and related attachments (begin new page 1).

Project Fact Sheet Requirements

Check List of Regulations and Standards

Special Use Permit Application

Holy Trinity Lutheran Church	Compliance	Non-Compliance
Use Permitted	Ö
Min. Gross Land Area	Ö
Min. Lot Size	Ö
Min. Lot Width	Ö
Max. Floor Area	Ö
Impervious Surface Limits	Ö High Density Option with Structural Stormwater Controls
Treatment of Stormwater Quality, Volume, and Rate	Ö
Min. Recreation Area/Space	NA
Min. # Vehicular Parking Spaces	Exempt
Min. # Bicycle Parking Spaces	Exempt
Max. # Dwelling Units	NA
Min. Street Setback	Ö With Modification to Regulations
Min. Interior Setback	Ö
Min. Solar Setback	Ö
Max. Height Limit	Ö With Modification to Regulations
Min. Landscape Buffers	Ö With Modification to Regulations and Alternative Buffers
Steep Slopes	Ö
Resource Conservation District	Require Additional Information
Watershed Protection District	NA
Adequate Public Schools Facilities	NA
Section 6.18 (Planned Developments)	NA

NA = Not Applicable Prepared: February 23, 2005

RESOLUTION A

(Manager’s Revised Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE HOLY TRINITY LUTHERAN CHURCH (2005-05-09/R-15a)

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 Dan Jewell of Coulter Jewell Thames for the Holy Trinity Lutheran Church on property identified as Orange County Tax Map 80, Block E, Lots 38 and 38A (PIN nos. 9788-48-5503 and 9788-48-6443) if developed according to the site plans dated July 20, 2004, revised November 30, 2004, with supplemental revisions to landscape plan and utility plan presented at April 18 Public Hearing, and the 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 the Council finds, in this particular case, that the following modification satisfies public purposes to an equivalent or greater degree:

1. Modification of Section 3.8.1 of the Land Use Management Ordinance secondary height requirements, to allow a maximum building height of 83 feet;

2. Modification of Section 3.8.1 of the Land Use Management Ordinance street setback requirements, to allow a minimum street setback of 5’ on the eastern property line; and

3. Modification of Section 5.6 of the Land Use Management Ordinance landscape buffer requirements, to allow a minimum landscape buffer of 5’ on the Cottage Lane frontage; and

4. Modification of Section 3.8.1 of the Land Use Management Ordinance floor area requirements, to allow a maximum floor area of 11,540 square feet.

Said public purposes, to an equivalent or greater degree, being, 1) the expansion of an established place of worship and 2) the improvement of an abandoned property in the Franklin-Rosemary Historic District that has fallen into disrepair.

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit for Holy Trinity Lutheran Church in accordance with the plans listed above and with the conditions listed below:

Stipulations Specific to the Development

1. That construction begin by May 9, 2007 (two years from approval date) and be completed by May 9, 2008 (three years from approval date).

2. Land Use Intensity: This Special Use Permit authorizes a place of worship, with associated classrooms, and land use intensity requirements and dimensional standards as specified below:

Land Use Intensity
Net Land Area	38,566 s.f.
Total # of Buildings	1
Maximum Floor Area	11,540 s.f.
Maximum Impervious Surface Area	28,766 s.f.
Maximum # of Parking Spaces Proposed	28
Minimum # of Bicycle Spaces	6

Stipulations Related to Transportation Issues

3. Encroachment Permit: The applicant obtain Town approval and record an emergency and service vehicle cross-access easement, across the parking lot at the rear of the site, connecting Friendly and Cottage Lanes, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

4. Cottage Lane Improvements: That the applicant shall improve Cottage Lane to a 16-foot wide street, for approximately 315 linear feet, from East Rosemary Street to the entrance to the rear parking lot, above the built to Town Standard, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.

5. Cottage Lane Sidewalk Improvement: That the applicant shall construct a 5-foot wide turned-down sidewalk, without curb and gutter, on the west side of Cottage Lane adjacent to the new building, for approximately 250 linear feet, from East Rosemary Street to the entrance to the rear parking lot, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

6. Cottage Lane Right-of-Way Dedication: That the applicant shall dedicate right-of-way to the Town, in addition to the existing 10-foot right-of-way, from the eastern edge of the 16-foot wide Cottage Lane pavement to the back edge of the 5-foot wide sidewalk on the west side of the street, to include the entire improved 21-foot street and sidewalk width, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. This dedicated right-of-way shall extend approximately 335 linear feet from East Rosemary Street to the back property boundary of the site.

7. Cottage Lane Maintenance and Access Easement: That the applicant shall record an easement plat with the Orange County Register of Deeds indicating a 2-foot wide maintenance and access easement from the back edge of the sidewalk on the west side of Cottage Lane, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

8. East Rosemary Street Sidewalk: That the applicant shall construct a 5-foot wide brick sidewalk, built to Town standard, across the East Rosemary Street frontage, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

9. East Rosemary Street Right of Way Dedication: That the applicant shall dedicate additional right-of-way on the East Rosemary Street frontage, if necessary, to extend to 1-foot back of the required sidewalk on the East Rosemary Street frontage.

10. Bicycle Parking: That the applicant shall provide six (6) bicycle parking spaces, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

11. Parking Lot Standards: That all parking lots, drive aisles and parking spaces shall be constructed to Town standards.

12. Transportation Management Plan: That the applicant shall prepare and obtain Town Manager approval of a Transportation Management Plan prior to issuance of a Zoning Compliance Permit. The required components of the Transportation Management Plan shall include:

a. Quantifiable traffic reduction goals and objectives;

b. Provisions for designation of a Transportation Coordinator;

c. Provision for an annual Transportation Survey and Annual Report to the Town Manager;

d. Ridesharing incentives;

e. Public transit incentives; and

f. Other measures subject to approval by the Town Manager.

Stipulations Related to Landscaping and Architectural Issues

13. Required Buffers: That the following landscape buffer be provided; and if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation will be protected by fencing from adjacent construction:

Required Landscape Buffers

Location	Required Buffers
Southern Property Line (E. Rosemary St. frontage)	20 ft. Type ‘C’ Alternative Buffer, may include supplemental plantings if required by the Historic District Commission
Eastern Property Line (Cottage Lane frontage)	Variable Width Buffer (5-8 ft.) with Modification to Regulations
Northern Property Line (rear of site)	Variable Width Alternative Buffer (7-20 ft.) with additional fencing or the like, if required by the Historic District Commission
Western Property Line (towards Friendly Lane )	Variable Width Alternative Buffer (6-10 ft.) with additional fencing, a wall, or the like, if required by the Historic District Commission

14. Alternative Landscape Buffers: That the applicant shall provide alternative buffers on the southern, northern and western property lines. The applicant shall provide supplemental alternative buffer plantings on the southern property line, fencing (existing) on the northern property line, and additional fencing, a wall, or the like, on the western property line, if required by the Historic District Commission. Alternative landscape buffers shall be approved by the Historic District Commission prior to issuance of a Zoning Compliance Permit.

15. Pecan Tree Replacement: That the applicant shall negotiate an agreement with the neighbors to the west of the proposed development and remove the 18 and 20-inch pecan trees and replace them with a suitable alternative, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

16. Specimen Tree Protection: That the applicant shall protect the three specimen trees, the 25-inch Maple, 30-inch Maple, and 37-inch Willow Oak, from damage on the East Rosemary Street frontage, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

17. Mixed Hardwoods Protection: That the applicant take appropriate measures to preserve the mixed hardwoods ranging from 11 inches to 26 inches in diameter both on-site and immediately off-site near the northern property line, where practicable.

18. Parking Lot Screening Plan: That the parking lot screening plans shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

19. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees shall be removed and preserved, critical root zones of all rare and specimen trees, significant tree stands, detail of protective fencing and construction parking and materials staging/storage areas, and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

20. Landscape Plan and Landscape Maintenance Plan: That a detailed Landscape Plan including a Landscape Maintenance Plan, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. The landscape plan shall indicate the size, type, and location of all proposed plantings as well as the limits of land disturbance and tree protection fencing.

21. Parking Lot Landscape Screening: That all parking areas shall be screened from view in accordance with the provisions of Article 5.6 of the Land Use Management Ordinance. The landscape screening plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

22. Shading Plan: That prior to issuance of a Zoning Compliance Permit, a Shading Plan must be submitted and approved by the Town Manager demonstrating compliance with Town regulations.

23. Building Elevations: That the Historic District Commission approve building elevations, lighting, including the location and screening of all HVAC/Air Handling Units for this project, prior to issuance of a Zoning Compliance Permit.

24. Lighting Plan: That the Community Design Commission approve a lighting plan for this project prior to issuance of a Zoning Compliance Permit. The Community Design Commission shall take additional care during review to ensure that the proposed lighting plan will minimize 1) upward light pollution and 2) offsite spillage of light.

Stipulations Related to Environmental Issues

25. Resource Conservation District Verification: That the applicant provide 1) a stream determination from the Town Engineering Department and 2) verification from a registered land surveyor that there is no significant Resource Conservation District as part of the final plan submittal.

26. 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 include low-impact stormwater management solutions and best management practices, such as but not limited to bio-retention, pervious pavements, underground storage, infiltration trenches, vegetative swales and similar techniques.

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.

27. 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.

28. 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.

29. State or Federal Approvals: That any required State or Federal permits or encroachment agreements must be approved by the appropriate agencies and copies of the approved permits be submitted to the Town Manager prior to the issuance of a Zoning Compliance Permit.

30. Erosion Control: That a detailed soil erosion and sedimentation control plan, including provision for monitoring and maintenance of facilities and modifications of the plan if necessary, be approved by the County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit. That a performance guarantee shall be provided, if more than one acre of land is disturbed, in accordance with Section 5-97.1 of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.

31. 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

32. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling, and for managing and minimizing construction debris, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

33. Solid Waste Details: That final plans include dimensioned details as well as appropriate signage and lighting for the refuse area, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

34. Shared Refuse and Recycling Agreement: That the applicant shall provide a refuse and recycling agreement shared among the 1) proposed Holy Trinity Church, 2) existing Church and 3) adjacent Beta Phi Sorority properties, allowing refuse collection services to be shared across property lines, to be approved by the Town Manager and recorded at the Orange County Register of Deeds Office prior to issuance of a Zoning Compliance Permit. The facilities shall be located off-site, across East Rosemary Street, on the boundary of the existing Holy Trinity Church and the adjacent Beta Phi Sorority, to be approved by the Town Manager.

35. Heavy Duty Pavement: That the applicant shall provide heavy-duty pavement in the required emergency and service vehicle access easement, and the pathway to refuse container(s), subject to Town Manager approval.

36. Pavement Damage: That final plans include the following note, prior to issuance of a Zoning Compliance Permit, “The Town of Chapel Hill, its’ assigns or the County shall not be responsible for any pavement damage that may result from service vehicles.”

37. Overhead Obstruction/Utility Lines: That the final plans included details verifying that no overhead obstruction or utility wires will interfere with service vehicle access or operation.

38. 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.

39. 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.

40. Fire Flow: That a fire flow report for all new construction, shall be prepared and sealed by a registered professional engineer, which demonstrates 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.

41. Fire Hydrant: That the proposed fire hydrant, near the parking lot at the rear of the site, shown on the Utility Plan, Sheet SD 5.0 (dated November 30, 2004), shall not be required as shown on plans.

Stipulations Related to Miscellaneous Issues

42. Recorded Recombination Plat: That the applicant shall provide a recordable recombination plat to the Town Manager for approval for the purpose of recombining the 2 subject parcels of the development assemblage (7.80.E.38 and 7.80.E.38A) into one parcel. The applicant shall provide a copy of the recorded recombination plat to the Town prior to issuance of a Zoning Compliance Permit.

43. Construction Management Plan: That a Construction Management Plan, indicating how construction vehicle traffic will be managed, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

44. Traffic and Pedestrian Control Plan: That a Traffic Management Plan for movement of motorized and non-motorized vehicles on any public street that will be disrupted during construction, including detour information and a pedestrian management plan indicating how pedestrian movements will be safely maintained shall be reviewed and approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

45. Open Burning: That the open burning of trees, limbs, stumps and construction debris association with this development is prohibited.

46. 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.

47. 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.

48. 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.

49. 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 if applicable a note to this effect shall be placed on the final plan and/or plat.

50. 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 16 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.

51. Continued Validity: That continued validity and effectiveness of this approval is expressly conditioned on the continued compliance with the plans and conditions listed above.

52. Non-severability: That if any of the above conditions is held to be invalid, approval in its entirety shall be void.

BE IT FURTHER RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for the Special Use Permit application for Holy Trinity Lutheran Church in accordance with the plans and conditions listed above.

This is the 9^th day of May, 2005.

RESOLUTION B

(Planning Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE HOLY TRINITY LUTHERAN CHURCH (2005-05-09/R-15b)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council finds that the Special Use Permit application proposed by Dan Jewell of Coulter Jewell Thames for the Holy Trinity Lutheran Church on property identified as Orange County Tax Map 80, Block E, Lots 38 and 38A (PIN nos. 9788-48-5503 and 9788-48-6443) if developed according to the site plans dated July 20, 2004, revised November 30, 2004, and the 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 the Council finds, in this particular case, that the following modification satisfies public purposes to an equivalent or greater degree:

Modification of Section 3.8.1 of the Land Use Management Ordinance maximum secondary height requirements, to allow a maximum building height of 83 feet;

Modification of Section 3.8.1 of the Land Use Management Ordinance minimum street setback requirements, to allow minimum a variable width street setback of 8’-13’ on the eastern property line; and

Modification of Section 5.6 of the Land Use Management Ordinance landscape buffer requirements, to allow a variable width landscape buffer of 4’-8’ on the Cottage Lane frontage.

1. Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development unless modified or superseded by those stipulations below.

2. Revised Stipulations: That the following stipulations shall be revised:

· Cottage Lane Maintenance and Access Easement: That the applicant shall record an easement plant with the Orange County Register of Deeds indicating a 2-foot wide maintenance and access easement from the back edge of the sidewalk on the west side of Cottage Lane, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

3. Deleted Stipulations: That the following stipulations shall be deleted:

Cottage Lane Right-of-Way Dedication: That the applicant shall dedicate right-of-way to the Town, in addition to the existing 10-foot right-of-way, from the eastern edge of the 16-foot wide Cottage Lane pavement to the back edge of the 5-foot wide sidewalk on the west side of the street, to include the entire improved 21-foot street and sidewalk width, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit. This dedicated right-of-way shall extend approximately 335 linear feet from East Rosemary Street to the back property boundary of the site.

That the following stipulations shall be revised:

BE IT FURTHER RESOLVED that the Council hereby approves the application for the Special Use Permit application for Holy Trinity Lutheran Church in accordance with the plans and conditions listed above.

This is the 9^th day of May, 2005.

RESOLUTION C

(Historic District Commission Recommendation, Bicycle and Pedestrian

Advisory Board, and Transportation Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE HOLY TRINITY LUTHERAN CHURCH (2005-05-09/R-15c)

Would be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

Would comply with all required regulations and standards of the Land Use Management Ordinance;

Would be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

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 the Council finds, in this particular case, that the following modification satisfies public purposes to an equivalent or greater degree:

Modification of Section 3.8.1 of the Land Use Management Ordinance maximum secondary height requirements, to allow a maximum building height of 83 feet;

Modification of Section 3.8.1 of the Land Use Management Ordinance minimum street setback requirements, to allow minimum a variable width street setback of 8’-13’ on the eastern property line; and

Modification of Section 5.6 of the Land Use Management Ordinance landscape buffer requirements, to allow a variable width landscape buffer of 4’-8’ on the Cottage Lane frontage.

1. Resolution A: That all of the stipulations in Resolution A shall apply to the proposed development unless modified or superseded by those stipulations below.

2. Revised Stipulations: That the following stipulations shall be revised:

Cottage Lane Improvements: That the applicant shall improve Cottage Lane to a 16-foot wide street, for approximately 315 linear feet, from East Rosemary Street to the entrance to the rear parking lot, above the built to Town Standard, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.

· Cottage Lane Improvements: That the applicant shall improve Cottage Lane to a 15-foot wide street, built to Town Standard, subject to approval by the Town Manager, prior to issuance of a Zoning Compliance Permit.

Cottage Lane Maintenance and Access Easement: That the applicant shall record an easement plat with the Orange County Register of Deeds indicating a 2-foot wide maintenance and access easement from the back edge of the sidewalk on the west side of Cottage Lane, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

· Cottage Lane Maintenance and Access Easement: That the applicant shall dedicate a maintenance and access easement to the Town, of adequate width to accommodate the additional street width required on Cottage Lane for a 15-foot wide street. This easement shall be approximately 13 feet wide and extend from the edge of existing right-of-way to the edge of the required sidewalk, subject to Town Manager approval, prior to issuance of a Zoning Compliance Permit.

3. Deleted Stipulations: That the following stipulations shall be deleted:

This is the 9^th day of May, 2005.

RESOLUTION D

(Denying the Special Use Permit Application)

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT FOR THE HOLY TRINITY LUTHERAN CHURCH (2005-05-09/R-15d)

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 Land Use Management Ordinance;

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 the Land Use Management Ordinance and the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Council hereby denies the application for a Special Use Permit for Holy Trinity Lutheran Church in accordance with the plans listed above and with the conditions listed below:

(INSERT ADDITIONAL REASONS FOR DENIAL)

BE IT FURTHER RESOLVED that the Council hereby denies the application for Holy Trinity Lutheran Church as proposed by Dan Jewell of Coulter Jewell Thames for Holy Trinity Lutheran Church.

This is the 9^th day of May, 2005.