ATTACHMENT 1

Franklin Grove S.U.P.

Modification

Four Findings of Fact

1).  Franklin Grove will be located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare with the approval of the proposed modification.

The modification will not change the appearance or functioning of the community that was unanimously approved by the council back in 1999. All exterior elevations, placement of buildings, number of homes, parking spaces, entrances to the homes, and all other elements of the community will remain exactly the same. The only change will be the floor area in the attics. By allowing the residents of Franklin Grove to finish the space in the attics, the council will promote conformance with standard permitting and inspections procedures which will in fact promote the general welfare, health and safety of the community. In addition, if attic space was considered floor area, even unfinished, without allowing the additional floor area proposed then Capkov Ventures, Inc. would have to abandon the construction of the remaining 1/3 of the homes in Franklin Grove. To leave the community in such a state would be detrimental to the health, safety and welfare of the community.

2).  The modification to the Franklin Grove S.U.P. complies with all regulations and standards of the Land Use Management Ordinance, including all applicable provisions of Article 3 and 5, the specific standards contained in the Supplemental Use Regulations (Article 6), and with all other applicable regulations.

Only the allowable floor area in Franklin Grove will change. All other town regulations and standards previously met and currently conformed with will remain in effect. The proposed modification will help to insure continued conformance with the letter and the sprit of the Land Use Management Ordinance.

3).  Franklin Grove will be located, designed , and proposed to be operated so as to maintain or enhance the value of contiguous property with the approval of the proposed modification.

The modification will allow the developer Capkov Ventures, Inc. to continue constructing the community of Franklin Grove as it was originally intended. This will have significant positive effects on the property values of contiguous property owners. All public comment has been positive regarding the modification with consistent acknowledgement of then negative effects on property values that would occur if the modification is not approved. Under the applicant preferred resolution where it would commit to foundation restoration work on the affordably priced home on Milton Street there would be a direct benefit to the affordable housing component and an indirect benefit to all of the remaining homes at 111 Milton Street. Finally, the homeowners at Franklin Grove would benefit from the additional useable space within their homes.

4).  The Franklin Grove S.U.P. modification will 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.

Franklin Grove was designed as a complimentary residential use within a primarily commercially zoned area of Chapel Hill. The Town of Chapel

Hill commissioned a small area plan for the area of East Franklin Street in which Franklin Grove is located. The type of development, the design of the streets, the architecture, the landscaping and the preservation of the oak tree lined park on Franklin Street were all proposed in an effort to conform  with that small area plan.  The East Franklin Street Corridor study was incorporated into the town’s comprehensive plan. We think that Franklin Grove exemplifies high quality development complimenting the entrance to Chapel Hill from the east. It provides a mix of uses that work to benefit both the commercial and the residential owners. Our homeowners can walk to the bank, the grocer, the movie theater and a multitude of restaurants within minutes. The local businesses have a whole new community of patrons who can walk to their stores. Franklin Grove fits perfectly within the ideals expresses in the Town’s comprehensive plan.