AGENDA #1

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

From:            W. Calvin Horton, Town Manager

 

Subject:      Public Hearing: Franklin Grove Development-Application for Special Use Permit Modification             (File Nos. 7.45.A.1-25)

 

DATE:                        May 16, 2005

 

INTRODUCTION

 

We have received a request for approval of a Special Use Permit Modification from Franklin Grove Development located on East Franklin Street between Elliott Road and Milton Avenue.  The applicant is proposing to increase the total allowable floor area by 35,000 square feet for a total of 142,479 square feet.  No changes to building appearance, building layout, or parking area are proposed.  The proposal to increase floor area would allow existing attic space to be converted to functional storage space or additional living space.  The site is located in the Residential-4 (R-4) and Residential-5 (R-5) zoning districts and is identified as Orange County Tax Map 45, lots 1 through 25. 

 

The applicant is requesting modification of regulations as a part of this application for the proposed amount of floor area. The Town Council has the ability to modify the regulations, according to Section 4.5.6 of the Land Use Management Ordinance, where the Council makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree.

 

Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of the application, and further to receive evidence which the Council may consider as the Council determines any appropriate requirements to include as conditions of approval.

 

 

This package of materials has been prepared for the Town Council’s consideration, and is organized as follows:

 

¨      Cover Memorandum:  Introduces application, describes process for review, summarizes staff and advisory board comments, and offers recommendations for Council action.

 

¨      Advisory Board Memorandum:  Offers a description of the site and proposed development, and presents an evaluation of the application regarding its compliance with the standards and regulations of the Land Use Management Ordinance.

 

¨      Attachments:  Includes resolutions of approval and denial, advisory board comments, the applicant’s materials, and correspondence.

 

PROCESS

 

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

 

The standard for review and approval of a Special Use Permit Modification application involves consideration of four findings (description of the findings follows below). Evidence will be presented tonight. If, after consideration of the evidence, the Council decides that it can make each of the four findings, the Land Use Management Ordinance directs that the Special Use Permit Modification shall then be approved. If the Council decides that the evidence does not support making one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.

 

BACKGROUND

 

Concept Plan reviews of this application were conducted by the Community Design Commission on September 22, 2004, and by the Town Council on November 15, 2004.  See attached summary and minutes respectively.

 

DESCRIPTION OF THE APPLICATION

 

The applicant is proposing to increase the allowable floor area of the development by an additional 35,000 square feet, for a total floor area of 142,479 square feet.  The applicant proposes that the increase in allowable floor area would apply only to the use of attic space as functional storage space or additional living space.  No changes to the building appearances, building layout, or parking areas are proposed.

 

EVALUATION OF THE APPLICATION

 

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

 

Tonight the Council receives our attached evaluation, and also receives information submitted by the applicant and citizens. The applicant’s materials are included as attachments to this memorandum. All information that is submitted at the hearing will be placed into the record.

 

Based on the evidence that is submitted, the Council will consider whether or not it can make each of four required findings for the approval of a Special Use Permit Modification.

 

The four findings are:

 

 

Special Use Permit Modification – Required Findings of Fact

 

Finding #1:  That the use or development is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

 

Finding #2:  That the use or development would comply with all required regulations and standards of the Land Use Management Ordinance;

 

Finding #3:  That the use or development is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use or development is a public necessity; and

 

Finding #4: That the use or development conforms with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.

 

 

Following the Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application.

 

KEY ISSUES

 

We have identified one key issue associated with this development, discussed below.

 

Affordable Housing:  In 1999, with the approval of the Franklin Grove development, the Town Council authorized construction of up to 58 dwelling units and renovation of existing dwelling units on Milton Avenue with a total development floor area of 107,479 square feet.  Stipulations of the 1999 Special Use Permit for Franklin Grove included provisions for affordable housing.  The developer was required to renovate and sell four homes on Milton Avenue to the Orange Community Housing and Land Trust.  These four Milton Avenue properties are encumbered by the Franklin Grove 1999 Special Use Permit.  Significant structural issues have been uncovered in one of the four Milton Avenue structures.  Please refer to correspondence from Robert Dowling regarding this structure (Attachment 14).

 

As part of the applicant’s Statement of Justification, Capkov Ventures has offered to either commit to contribute substantially to the estimated $30,000 structural work repair needed for the Milton Avenue property or to enter an agreement with the Orange Community Housing and Land Trust where Capkov Ventures would assume ownership of the Milton Avenue property in exchange for other property.

 

However, in a letter from Robert Dowling, Executive Director of the Orange Community Housing and Land Trust, the Land Trust requests that the Council increase the allowable floor area and increase the number of dwelling units allowed specifically for affordable housing.  The Land Trust specifically requests an additional 6,000 square feet of floor area (in addition to the applicant’s request for 35,000 square feet) and four additional dwelling units to be allocated exclusively for the affordable housing component.  The intention is to construct duplexes on the four properties on Milton Avenue as funds become available.

 

Comment: We recommend inclusion of both the applicant’s proposal and Mr. Dowling’s suggestions.  Resolution A, the Manager’s preliminary recommendation, includes:

 

·            A stipulation regarding repair/replacement of 111 Milton Avenue.

·            A provision for additional floor area and up to four additional units for the Milton Avenue portion of the development.

 

In addition, we recommend an extended completion time period for the future potential affordable units on Milton Avenue.  Resolution A, the Manager’s preliminary recommendation, includes:

 

·            A 25-year construction start deadline for the potential, future affordable housing units on Milton Avenue.

 

We have included these three provisions in Resolution A because we believe it would be reasonable to allow the Milton Avenue affordable housing component to expand as well as the new Franklin Grove dwelling units.

 

PROPOSED MODIFICATION OF REGULATIONS

 

The applicant is requesting a modification to regulations from one section 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 Floor Area Ratio: Section 3.8.1 of the Land Use Management Ordinance permits a maximum floor area ratio of .230 in the Residential-4 (R-4) zoning district and a maximum floor area ratio of .303 in the Residential-5 (R-5) zoning district.  Based on the land area in each zoning district, a maximum allowable floor area would be 107,479 square feet.  The applicant is proposing 142,479 square feet of floor area, and has stated that the modification of the regulations to allow additional floor area is necessary for completion of the development.

 

We believe that the applicant’s request to modify floor area ratios in Section 3.8.1 of the Land Use Management Ordinance to allow completion of the development is reasonable and that the additional floor area would satisfy public purposes to an equivalent or greater degree.  We believe the public purpose is the provision of additional affordable housing.  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 with the modifications 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, our preliminary recommendation is that the Council could make the four findings necessary in order to approve the application. The Manager’s preliminary recommendation incorporates input from all Town departments involved in review of the application.

 

 

SUBSEQUENT REGULATORY STEPS

 

Following is a brief outline describing the next steps in the development review process, should the Council approve the Special Use Permit Modification application for this site:

 

1.      Applicant accepts and records a Special Use Permit Modification, which incorporates the terms of the Council-adopted resolution.

 

2.      Applicant submits detailed Final Plans and documentation, complying with Council stipulations.  Information is reviewed by Town departments and the following agencies:

 

 

3.   Community Design Commission reviews and approves building elevations and site lighting for any new units. 

 

4.      Upon demonstration of compliance with remaining Council stipulations, Town staff issues a Zoning Compliance Permit authorizing site work.  Permit includes conditions specific to the development and requires pre-construction conferences with Town staff.

 

5.      Inspections Department issues Building Permits and Certificates of Occupancy.

 

RECOMMENDATIONS

 

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

 

Planning Board Recommendation:  On May 3, 2005, the Planning Board voted 7-0 to recommend that the Council approve this application with the adoption of Resolution A.  Please see the attached Summary of Planning Board Action.

 

Bicycle and Pedestrian Advisory Board Recommendation:  On May 24, 2005, the Bicycle and Pedestrian Advisory Board will meet to make recommendations to the Council.

 

Community Design Commission:  On May 18, 2005, the Community Design Commission will meet to make recommendations to the Council.

 

Transportation Board Recommendation:  On May 3, 2005, the Transportation Board voted 5-2 to provide no comments on this proposal.  The Board felt there were no transportation issues for their consideration.  Please see the attached Summary of Transportation Board Action.

 

Manager’s Preliminary Recommendation:  Based on our evaluation of the application, our preliminary conclusion is that, with the stipulations in Resolution A, the application complies with the standards and regulations of the Land Use Management Ordinance, except for the modification to regulations requested by the applicant.

 

Following tonight’s Public Hearing, we will prepare an evaluation of the evidence submitted in support of and in opposition to this application.  If the Council makes the required findings for approval of a Special Use Permit Modification, we recommend that the application be approved with the adoption of Resolution A.

 

Resolution B would deny the application.

 

ATTACHMENTS

 

1.            Advisory Board Memorandum (p. 7).

2.            Resolution A (Manager’s Preliminary Recommendation) (p. 10).

3.            Resolution B (Denying the Application) (p. 11).

4.            Community Design Commission Concept Plan Summary (p. 12).

5.            Meeting Minutes, Town Council Concept Plan Review (p. 13).

6.            Planning Board Summary of Action (p. 16)

7.            Transportation Board Summary of Action (p. 17).

8.            Statement of Justification (p. 18).

9.            Project Fact Sheet (p. 24).

10.        1999 Special Use Permit (p. 26)

11.        Traffic Impact Analysis Exemption (p. 30).

12.        Area Map (p. 31).

13.        Reduced Plans (p. 32).

14.        Correspondence (p. 49).


ATTACHMENT 1

 

ORIGINAL STAFF REPORT TO ADVISORY BOARDS

 

TO:                  Chapel Hill Planning Board

                        Chapel Hill Transportation Board

Chapel Hill Community Design Commission

Chapel Hill Bicycle and Pedestrian Advisory Board

 

FROM:            Roger S. Waldon, Planning Director

 

SUBJECT:      Franklin Grove Townhomes – Application for a Special Use Permit Modification (File No. 7.45.A.1-25)

 

DATE:                        May 3, 2005 (Planning and Transportation Board)

                        May 18, 2005 (Community Design Commission)

                        May 24, 2005 (Bicycle and Pedestrian Advisory Board)

 

INTRODUCTION

 

We have received an application for a Special Use Permit Modification.  This Special Use Permit Modification application for Franklin Grove Townhomes proposes to increase the total allowable floor area by 35,000 square feet for a total of 142,479 square feet.  No changes to the building appearance, building layout, or parking areas are proposed.  The request also addresses issues that have been raised by the Orange Community Housing and Land Trust.  Advisory boards are asked to make a recommendation to the Town Council.  A Public Hearing has been tentatively scheduled for May 16, 2005.

 

On October 27, 1999, the Town Council approved a Special Use Permit for the Franklin Grove Townhomes located on the north side of East Franklin Street between Elliott Road and Milton Road.  A copy of the approved resolution is attached.  The Special Use Permit approved construction of 58 dwelling units and a total of 107,479 square feet of floor area. 

 

DISCUSSION

 

The site is located in the Residential-4 (R-4) and Residential-5 (R-5) zoning districts.  The site is located in Orange County and is identified as Tax Map 45, Block A, Lots 1-25.

 

The approved Special Use Permit allowed a total 107,479 square feet of floor area.  The applicant’s Statement of Justification states the additional floor area is proposed to apply only to the use of the attic space as functional storage space or additional living space.  No new dwelling units are proposed as part of this Special Use Permit Modification application. 

 

MODIFICATION TO THE LAND USE MANAGEMENT ORDINANCE

 

The applicant’s proposal does not comply with dimensional standards for floor area.  The applicant is requesting that the Town Council modify Land Use Management Ordinance regulations for this site to permit this amount of floor area. 

 

The modification proposed by the applicant is described below.

 

Floor Area   In accordance with the Land Use Management Ordinance, a maximum floor area of 107,479 square feet is permitted on the 8.7 acre site.  The applicant is proposing to add an additional 35,000 square feet of floor area to the site, for a total floor area of 142,479 square feet.   The proposed total floor area of 142,479 square feet exceeds the maximum permitted floor area by 35,000 square feet.

Section 4.5.6 of the Land Use Management Ordinance states:

 

“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.”

 

The applicant’s Statement of Justification states that the public purposes are satisfied to an equivalent or greater degree.  The applicant states that the increase in floor area will allow the previously approved development be built to completion.

 

Our preliminary recommendation is that the Town Council modify this section of the Land Use Management Ordinance requested by the applicant and discussed above.  We believe that the Town Council may find that the proposed development, with the modification requested above, would satisfy public purposes to a degree equivalent to that which would be achieved with full compliance with all regulations.  We believe that the public purposes specifically promoted by this proposed development would be the completion of the approved project. 

 

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

 

AFFORDABLE HOUSING

Stipulations of the 1999 Special Use Permit for Franklin Grove included provisions for affordable housing.  The applicant was required to renovate four properties on Milton Avenue and then sell the four Milton Avenue properties to the Orange Community Housing and Land Trust for a pre-determined price.  These four properties are encumbered by the 1999 Special Use Permit.  A letter to the Town Council, dated November 1, 2004, from Robert Dowling, Executive Director of the Orange Community Housing and Land Trust indicates significant structural issues with one of the affordable houses on Milton Avenue.

 

The applicant has stated in the Statement of Justification that Capkov Ventures will either commit to contribute substantially to the estimated $30,000 structural repair work needed for the property on Milton Avenue or enter an agreement with the Orange Community Housing and Land Trust where Capkov Ventures would assume ownership of the Milton Avenue property in exchange for other property. 

 

In addition, Robert Dowling’s letter requested that the Council consider increasing allowable floor area and increasing the number of dwelling units allowed specifically for affordable housing.  He specifically requested an additional 6,000 square feet of floor area (in addition to the applicant’s request for 35,000 square feet) and four additional dwelling units to be allocated exclusively for the affordable housing component. 

 

Our preliminary recommendation is to increase allowable floor area by an additional 6,000 square feet, beyond that proposed by the applicant, and increase the number of allowable dwelling units by four with these additional numbers allocated exclusively for the affordable housing component.  Our recommendation is also to stipulate that the construction start date for the affordable housing component be extended for a period of twenty-five years from the date of Council action and the construction completion date be three years beyond that date.

 

TIME EXTENSION

 

The applicant is also requesting an extension for the construction completion date.  The 1999 Special Use Permit stipulated that construction be completed by October 27, 2002 (three years from the date of Council approval).  As part of the Special Use Permit Modification, the applicant is requesting the construction completion date be extended an additional two years in order to allow the developer to complete construction of the remaining units.

 

RECOMMENDATION

 

Staff Recommendation:  That the Planning Board, Transportation Board, Community Design Commission, and Bicycle and Pedestrian Advisory Board recommend that the Council adopt Resolution A, approving the application with conditions.

 

Resolution B would deny the request.

 

 


          ATTACHMENT 2

RESOLUTION A

(Manager’s Preliminary Recommendation)

 

A RESOLUTION APPROVING A SPECIAL USE PERMIT MODIFICATION FOR THE FRANKLIN GROVE TOWNHOMES

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Capkov Ventures, Inc. for a multi-family development on property identified as Chapel Hill Township Tax Map 45, Block A, Lots 1-25    if developed according the conditions listed below would:

 

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

 

2.                  Comply with all regulations and standards of the Land Use Management Ordinance, including all applicable provisions of Articles 3 and 5, the specific standards contained in the Supplemental Use Regulations (Article 6), and with all other applicable regulations;

 

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

 

4.                  Conform with the general plans for the physical development of the Town as embodied in the Land Use Management Ordinance and in the Comprehensive Plan.

 

BE IT FURTHER RESOLVED by the Town Council of Chapel Hill that it finds, in this particular case, that the following modifications satisfy 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 the Franklin Grove Townhomes development to exceed the maximum permitted floor area by 41,000 square feet for a total of 148,479 square feet.

 

Said public purpose being the provision of additional affordable housing.

 

BE IT FURTHER RESOLVED that the Town Council hereby approves the application for the Franklin Grove Townhomes Special Use Permit Modification in accordance with the conditions listed below:

 

Stipulations Specific to the Development

 

1.          The conditions of the October 22, 1999 Special Use Permit, recorded Book 2027, Page 531, continue to apply to this development with the following adjustments provided below.

 

2.          That construction be completed by ____________ (two years from the date of Council approval) with the exception of the additional affordable housing component.  The additional affordable housing component construction start date shall begin by _______ (twenty-five years from the date of Council approval and construction shall be completed by __________(twenty-eight years beyond the date of Council approval).

 

3.         Land Use Intensity:  That the Special Use Permit modification approves 4 additional affordable dwelling units (for a total of 62 dwelling units) to exclusively allow the Orange Community Housing and Land Trust to construct a total of 4 duplex units (8 dwelling units) on Milton Avenue, for a total development Floor Area of 148,479 square feet (with 6,000 additional square feet exclusively for affordable housing) within the boundaries of this Special Use Permit Modification.

 

4.         Affordable Housing:  That Capkov Ventures, Inc. has committed to repair work for 111 Milton Avenue.  Capkov Ventures, Inc. shall contribute a minimum of $10,000 for repair work, capping Orange Community Housing and Land Trust obligation at $10,000, and Capkov Ventures Inc. shall be responsible for any additional funds necessary or enter an agreement with Orange Community Housing and Land Trust to assume ownership of the Milton Avenue property in exchange for other property deemed more appropriate by the Orange Community Housing and Land Trust and the Town Manager.

 

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town Council hereby approves the application for a Special Use Permit Modification for the Franklin Grove Townhomes property in accordance with the conditions listed above.

 

This the ______ day of _____________ 2005.

 


ATTACHMENT 3

RESOLUTION B

(Denying the Application)

 

A RESOLUTION DENYING AN APPLICATION FOR SPECIAL USE PERMIT MODIFICATION FOR THE FRANKLIN GROVE TOWNHOMES

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Capkov Ventures, Inc. for a multi-family development on property identified as Chapel Hill Township Tax Map 45, Block A, Lots 1-25    if developed according the conditions listed below would not:

 

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

 

6.                  Comply with all regulations and standards of the Land Use Management Ordinance, including all applicable provisions of Articles 3 and 5, the specific standards contained in the Supplemental Use Regulations (Article 6), and with all other applicable regulations;

 

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

 

8.                  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 Town Council finds:

 

 

(INSERT REASONS FOR DENIAL)

 

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for a Special Use Permit Modification for Franklin Grove Townhomes.

 

This the ____ day of ___________ 2005.

 

  

 

 

 

 

 


ATTACHMENT 4

 

SUMMARY OF COMMUNITY DESIGN COMMISSION

 CONCEPT PLAN COMMENTS

 

Subject:                      Franklin Grove Townhomes

 

Meeting Date:            September 22, 2004

 

Recommendation:     That the Community Design Commission supports the applicant’s proposal to convert unfinished residential attic space to finished floor area.  That this finished floor area in the attic may be used for any residential activity permitted by the Franklin Grove Special Use Permit and as allowed by Town of Chapel Hill Building Codes.  That the total finished attic floor area for the Franklin Grove development shall not exceed 30,000 square feet.

 

Vote:  8-2

 

Aye:  Mark Broadwell, George Cianciolo, Chris Culbert, Thatcher Freund, Charlotte Newby (chair), Scott Nilsen, Scott Radway,  Jonathan Whitney.

 

Nay:    Laura King Moore, Amy Ryan.

 

Reasons for dissenting votes:   

 

  1. The dissenting Commissioners stated that, although the applicant should not be penalized for what appears to have been an oversight, when Town staff neglected to recognized the unfinished attic space as potential future floor area for the development, the members felt that the applicant should be allowed to continue to build per his original plans and that the attic square footage should not be counted toward his square-footage allowance for the development. 

 

  1. The Commissioners also stated that if the applicant would have come before the Town Council with his original application showing the attic space of the development as finished space, it may have reduced the number of units he would have been allowed to build in order to remain under the square footage cap.  The Town has established these building limits for good reason, and the applicant should not use this occasion as an excuse for what in fact would be a violation of Town development ordinances.    In this case, the extra square footage would not benefit the Town by increasing urban density; it would merely produce larger homes and extra profit for the developer, which the Commissioner members did not feel was a sufficient reason for exceeding the development limits.

 

Prepared for:               Charlotte Newby, Chair

Prepared by:                Gene Poveromo, Staff


ATTACHMENT 5

 

SUMMARY MINUTES OF A PUBLIC HEARING

OF THE CHAPEL HILL TOWN COUNCIL

MONDAY, NOVEMBER 15, 2004, AT 7:00 P.M.

 

Mayor Kevin Foy called the meeting to order at 7:15 p.m.

 

Council members present were Sally Greene, Ed Harrison, Cam Hill, Mark Kleinschmidt, Bill Strom, Dorothy Verkerk, Jim Ward, and Edith Wiggins.

 

Staff members present were Town Manager Cal Horton, Deputy Town Manager Florentine Miller, Assistant Town Manager Bruce Heflin, Town Attorney Ralph Karpinos, Town Information Officer Catherine Lazorko, Senior Planner Than Austin, Planning Director Roger Waldon, Traffic Engineer Kumar Neppalli, Senior Development Coordinator J. B. Culpepper, and Acting Town Clerk Sandy Cook. 

 

Item 6 - Concept Plan: Franklin Grove Development

 

Mr. Waldon said that this proposal did not request any site changes.  The issue involved the amount of floor area that had been authorized by the SUP, he said.  Mr. Waldon explained that the applicant wanted to amend the SUP to allow more flexibility in the construction of the annexed storage space.  He reminded the Council that Mr. Dowling had expressed support for this proposal on the grounds that increasing floor area would give him some flexibility with the affordable units that were part of this development.

 

Developer Eric Chupp, of Capkov Ventures, Inc., stressed that he was not requesting modifications to the 53 townhome project but only asking to continue building it in the form in which it was approved five years ago.  From the beginning, he said, Capkov Ventures had planned to build walkup attics with staircases.  This had been approved at every step of the process until it reached the Town Planning Department, he said.  Mr. Chupp stated that the Planning Department had told him that the unfinished attic might have to be considered floor area.  

 

Mr. Chupp stated that Capkov Ventures would have omitted the staircases if they had known that they would be considered as floor area.  If the definition of unfinished attics is adopted as floor area then they will have to stop construction on Franklin Grove, he said.  Mr. Chupp asked Council members to consider the approvals that Capkov already had received. He suggested that the Town's Planning staff be given latitude in adjusting the ordinance to meet this circumstance and that his firm be given an "administrative exception" in this case. Mr. Chupp also requested that Franklin Grove homeowners be given the flexibility to finish their attics.

 

Mayor Foy verified that the completed attics did not have water pipes running to them.  Mr. Chupp said that Capkov Ventures had made it clear to clients that the attics were not finishable space.  He merely thought it would be to the advantage of the residents who live there if they could finish those attics, he said. Mayor Foy verified that Mr. Chupp had talked with Robert Dowling about the affordable housing that was part of this property.

 

Council Member Greene expressed support for Mr. Chupp's first request, stating that granting an administrative exception made sense to her.   She said that it was more difficult for her to support the second request, however, because allowing the finished space would not benefit the Town in terms of density.  It would merely allow the houses to have more square feet, said Council Member Greene.  Mr. Chupp replied that most of the townhomes would have been built by the time that request would complete the process.  Allowing those attics to be finished was not tremendously important to him from a financial standpoint, he said.  Mr. Chupp stated that he would be willing to go through the process; however, to give homeowners the advantage of using that space, if the Council thought it was appropriate.

 

Council Member Strom asked the staff what the administrative exception would do for Robert Dowling. Mr. Waldon replied that tonight was the first time he had ever heard the term "administrative exception."  He did not know what it was and had no confidence that one, as described, could be made for this project, he said.  "This is a concept plan in preparation for submittal of a SUP," Mr. Waldon pointed out.

 

COUNCIL MEMBER WARD MOVED, SECONDED BY COUNCIL MEMBER VERKERK, TO ADOPT R-3.  THE MOTION WAS ADOPTED UNANIMOUSLY (9-0).

 

 

A RESOLUTION TRANSMITTING COUNCIL COMMENTS ON A CONCEPT PLAN FOR FRANKLIN GROVE TOWNHOMES DEVELOPMENT (2004-11-15/R-3)

 

WHEREAS, a Concept Plan has been submitted for review by the Council of the Town of Chapel Hill, for Franklin Grove Townhomes Development; and

 

WHEREAS, the Council has heard presentations for the applicant, and citizens; and

 

WHEREAS, the Council has discussed the proposal, with Council members offering reactions and suggestions;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council transmits comments to the applicant regarding this proposal, as expressed by Council members during discussions on November 15, 2004, and reflected in minutes of that meeting.

 

This the 15th day of November, 2004.

 

 

The meeting adjourned at 10:45.