AGENDA #1

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Public Hearing: Cedars of Chapel Hill Retirement Community of Meadowmont – Planned Development – Housing - Special Use Permit Application

(File No. 479-1-1B)

DATE: April 17, 2000

INTRODUCTION

An application has been filed by the Meadowmont Retirement Community, LLC, seeking approval of a Special Use Permit to construct a retirement community and health care center east of Meadowmont Lane at Barbee Chapel Road in the Meadowmont Development on the north side of Highway NC 54. The proposal includes 250 apartments with a clubhouse, 50 single-family homes, and a 84-bed health care facility. Approximately 683 parking spaces would be provided. Tonight’s Public Hearing has been scheduled to receive evidence in support of and in opposition to approval of this application, and further to receive evidence which the Council may consider as it determines any appropriate conditions to impose upon the proposed development, if approved.

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.

· Staff Report: Offers a detailed description of the site and proposed development, and presents an evaluation of the application regarding its compliance with the standards and regulations of the Development Ordinance.

· Attachments: Includes a checklist of requirements for this development, resolutions of approval and denial, advisory board comments, and the applicant’s materials.

This application is the first to be subject to the Mixed Housing Ordinance adopted on April 10, 2000. We have included a stipulation in Resolution A which requires that a percentage of the single-family homes in the development be restricted in size.

PROCESS

The Development Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit 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 recommendation to the Council.

Tonight the Council receives our attached evaluation, and also receives information submitted by the applicant and others. The applicant’s materials are included as attachments to this memorandum. We have not received any other written information from any other citizens as yet. Staff, applicant, and others may provide information at the Public Hearing. All information submitted will be placed into the record of this Public Hearing.

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

Following the Public Hearing, we will prepare an evaluation of the evidence submitted in support of, and in opposition to, this application. If, after consideration of the evidence, the Council decides that it can make the necessary findings, the Development Ordinance directs that the Special Use Permit shall then be approved. If the Council decides that the evidence does not support making the necessary findings, then the application cannot be approved and, accordingly, should be denied.

The standard for review and approval of a Special Use Permit application pursuant to an approved Master Plan involves consideration of consistency with the Master Plan and compliance with the Town’s regulations and standards. Evidence will be presented tonight. If, after consideration of the evidence, the Council decides that it can make the necessary findings, the Development Ordinance directs that the Special Use Permit shall then be approved. If the Council decides that the evidence does not support making the findings, then the application cannot be approved and accordingly should be denied by the Council.

CONTIGUOUS PROPERTY

One of the findings that the Council must make when considering a Special Use Permit or Special Use Permit Modification application is:

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

The Development Ordinance defines contiguous property as follows:

Contiguous Property: Property adjoining, neighboring, and nearby the outer boundary of a proposed development. For development proposals that are small in scale and similar in proposed use to existing uses in the immediate vicinity, contiguous property shall be construed to be those properties immediately adjacent. For large development proposals and/or proposed uses that are significantly different from existing uses nearby, or proposals that have significant topographic features that could impact nearby properties, contiguous property shall be construed to include those properties in a larger area, and those likely to experience negative impacts resulting from the proposed development. But in every case, for a proposal over 10 acres but less than 100 acres, at a minimum all property within 500 feet shall be considered contiguous; for development proposals that are over 100 acres, at a minimum all properties within 1,000 feet shall be considered contiguous.

The Town Attorney has advised that the Council should specify what area it considers to be contiguous property for each Special Use Permit application that comes before the Council for consideration. Therefore, based on the Town Attorney’s advice to the Council, we suggest that prior to recessing of the hearing this evening, the Council discuss and determine by vote what should be considered to be contiguous property for this application. The attached Resolution G provides a format for determining the contiguous property definition for this particular development application.

BACKGROUND

On October 23, 1995, the Town Council approved a Master Land Use Plan for the Meadowmont development. The plan proposed a mix of residential, office, and commercial uses on a 435-acre site. Pursuant to that Master Plan approval, this application for a Special Use Permit has been submitted.

In a typical Special Use Permit proceeding, the burden is on the applicant to present a case which allows the Council to make the required four findings for approving a Special Use Permit.

The four findings are:

Special Use Permit – 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 complies with all required regulations and standards of this chapter, including all applicable provisions of Articles 12, 13, and 12 and with all other applicable regulations.

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.

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

With Council approval of a conceptual Master Plan, however, if the Special Use Permit application is found to be consistent with the Master Plan, the burden regarding three of the four findings then shifts to those opposed to approval of the Permit. The Council must only make the finding that the proposed development complies with all applicable sections of the Development Ordinance. Evidence will be presented at the Public Hearing for this application. If the Council decides that the evidence does not support making the fourth finding, or if evidence is presented which indicates the application is inconsistent with the Master Plan, then the application cannot be approved and accordingly should be denied by the Council.

CONSISTENCY WITH THE MASTER PLAN

Comparison to Master Land Use Plan: The Meadowmont Master Land Use Plan indicated either a retirement center or a multi-family development at this location, with a health care facility. We believe the proposed development would qualify as a retirement center.

The site layout differs somewhat from that on the Master Plan, due partly to the Town Council’s requirement that the transit corridor be realigned. As a result, the transit corridor crosses the north end of this site. The health care center is now proposed on the parcel north of the transit corridor, rather than in the center of the site. The residential units are arranged together on the south side of the transit corridor. We believe that the overall concept is in similar to that shown on the Master Plan and that the revised arrangement of buildings is acceptable, given the realignment of the transit corridor.

The Master Plan Modification, which included reduced traffic impact, authorized the construction of 350 dwelling units on this site. The applicant proposes 300 dwelling units with 728,603 square feet of floor area, including a health care facility with 84 beds. We believe the proposal falls within the land use intensity parameters described in the Master Plan.

We believe the retirement community proposal shows more impervious surface than was shown on the Master Plan. We believe that the buildings and parking lots are larger in this proposal than on the Master Plan, contributing more impervious surface. We believe that reducing the number of surface parking spaces or reducing the number or size of buildings would bring the proposed development more in line with the impervious surface coverage indicated on the Master Plan.

Please see the attached letter from the applicant describing similarities and differences between the Master Plan and this development application.

We believe the proposal is generally consistent with the Master Plan.

DESCRIPTION OF THE APPLICATION

The 50.2-acre property is located on the northeast corner of the Meadowmont Lane/Barbee Chapel Road intersection, northeast of the Village Center in the portion of the Meadowmont development north of NC Highway 54. The property is in the Residential-1 and Residential-5-Conditional zoning districts.

Existing Conditions: Most of the 50.2-acre site is gently sloping, with small pockets of steeper slopes. Most of the site drains to a low point at the eastern edge of the property where a retention pond is under construction as part of the water quality protection infrastructure for Meadowmont. The site has a tree canopy of pines, poplars, and oaks 25 years old and 30-40 feet high, with an understory of young hardwoods and cedars. The property lies almost entirely within Durham County.

Development Description: The proposal calls for construction of 250 apartments with a clubhouse, 50 single-family homes, and a 84-bed health care center. There would be a total floor area of 728,603 square feet and 683 parking spaces. Vehicular access would be from two access points on Meadowmont Lane, one access point off Barbee Chapel Road, and two access points off a new street connecting Barbee Chapel Road almost to the eastern property line.

EVALUATION OF THE APPLICATION

We have evaluated the application regarding its compliance with the standards and regulations of the Development Ordinance. We have prepared a Planning Staff Report, attached to this memorandum, that discusses intensity standards, access and circulation, parking, traffic impact, and building elevations, buffers, and landscaping, stormwater management, refuse management, utilities, fire safety, and erosion control. A checklist describing compliance with regulations is also provided as an attachment to this memorandum.

Based on our evaluation, we have concluded that the application as submitted complies with the regulations and standards of the Development Ordinance.

Key issues that have emerged in discussion of this application are:

· land use intensity standards,

· access to the Lloyd property,

· the number of parking spaces,

· provision of a pedestrian crossing at the transit corridor,

· tree preservation areas, and

· the size of street trees.

The following provides a discussion of these key issues:

Land Use Intensity Standards: The applicant’s Fact Sheet indicates that the proposal would meet all land use intensity standards for the Residential-1 and Residential-5-Conditional zoning districts, except floor area. The maximum floor area for an independent, stand-alone site of this size would be 662,706 square feet. The applicant proposes 728,603 square feet of floor area, a difference of 65,897 square feet.

The current tally sheet of all development constructed or proposed in Meadowmont thus far indicates that in several areas of Meadowmont (e.g., the Village Center and the Swim Club), the permitted floor area is greater than the proposed floor area. The applicant’s proposal applies some of the cumulative excess permitted floor area to the retirement center. We are monitoring these cumulative tally sheets with each development application, to be sure that the floor area and other land use intensity standards balance out for the Meadowmont development as a whole. This approach was used for the review and approval of the Meadowmont Apartments and the Meadowmont Hilton Garden Inn. We believe the applicant’s request to apply about 66,000 square feet of excess Meadowmont floor area to this development is reasonable.

Access to the Lloyd Property: Early in the review of this project, we recommended that one or two potential future vehicular connections be provided to the Lloyd property at the eastern property line. The applicant notes that the retirement community’s internal streets are proposed as private streets and does not wish to connect to the adjoining property unless the adjoining property is later used for expanding the retirement community. Because the Lloyd property has at least three other access options, we believe the approach proposed by the Cedars developer – provision of vehicular access only for a like use - is reasonable.

We note that the Town Council could add a stipulation requiring the developer to provide vehicular access to the Lloyd property, regardless of the unknown nature of its future use.

Number of Parking Spaces: For a development which includes an 84-bed health care facility, 50 single-family residences, and 250 apartments, the minimum required number of spaces is 517. The applicant proposes 683 parking spaces, stating that the retirement community will require more than the standard number of parking spaces for a typical residential development. The applicant also notes that 170 parking spaces are located under apartment buildings. Because the proposed number of parking spaces significantly exceeds the minimum requirement, we believe a reduction is appropriate. A significant reduction in surface parking would allow for greater congruity with the impervious surface area shown on the Master Plan and additional tree preservation. The Planning Board has recommended that 683 parking spaces be provided. The Transportation Board has recommended that 640 parking spaces be provided. The Bicycle and Pedestrian Advisory Board recommended 564 spaces. We continue to recommend 568 parking spaces.

Pedestrian Crossing at the Transit Corridor: The applicant has proposed a vehicular/pedestrian crossing across the transit corridor, to link the residential portion of the development to the health care facility. In the attached letter, the Triangle Transit Authority recommends that a temporary vehicular/pedestrian crossing be provided, with the understanding that it would need to be removed once the transit infrastructure is constructed. The TTA says that once the transit line is operational, the only safe pedestrian crossing would be a grade-separated one. No provisions have been made for a grade-separated pedestrian crossing in this location. The Planning Board, Bicycle and Pedestrian Advisory Board, and Town Manager recommend that a temporary pedestrian crossing be provided with this development, to be removed with the construction of the transit line.

Tree Preservation Areas: The Meadowmont Master Plan included a tree-clearing plan which showed that up to 85-100% of this site might be cleared. A tree survey was submitted with the Cedars application, but we believe it does not show all the large and significant trees on the site. This has made it difficult to complete an evaluation of the relationship between tree preservation and site design. At this time, the applicant proposes to preserve existing vegetation along the eastern property line, at the northeast corner of the site near the transit corridor, in a short segment of Meadowmont Lane frontage, along the Barbee Chapel Road frontage northwest and west of the larger retention pond, and within most of the reserved transit corridor.

Our preliminary recommendation is that large trees be preserved, including several magnolias west of the health care facility, and large trees on either side of the main entrance off Meadowmont Lane. Resolution A stipulates trees will be preserved in these two areas, as well as the proposed areas. The Planning Board recommended that no additional tree preservation areas be required.

We have asked the applicant for a more complete and accurate tree survey, to fully assess the impact of the proposed development.

Size of Street Trees: We recommend that where clearing is proposed between this development and the existing public streets and stormwater pond, the planting plan include the installation of large (at least 3.5-inch caliper) shade trees and a mix of shrubs and understory trees. All resolutions of approval include this stipulation, except Resolution B, as the Planning Board specified a tree size of 2.5-inch caliper.

SUMMARY OF COMMENTS

We have attached a resolution that includes standard conditions of approval. There are also special conditions that we recommend including in the resolution. The key special conditions that we recommend are summarized here and described in detail in the accompanying staff report. With the conditions below, we believe that the Council could make the findings regarding health, safety and general welfare, property values, and consistency with the Comprehensive Plan:

· That public improvements be provided in accordance with the Meadowmont Infrastructure Special Use Permit Modification;

· That the parking number be a maximum of 568;

· That the land use be restricted to a retirement community;

· That private streets be constructed to Town standards and that the homeowners’ association shall be responsible for maintenance;

· That the developer shall consider conducting plant rescue activities and shall provide additional tree preservation areas;

· That the street trees along public streets shall be installed at 3.5 inch caliper; and

· That a temporary pedestrian crossing be provided across the reserved transit corridor.

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 application.

1. Applicant receives copy of 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:

· North Carolina Department of Transportation,

· Orange Water and Sewer Authority,

· Duke Power Company,

· Public Service Company,

· Time Warner Cable,

· BellSouth, and

· Orange County Erosion Control Officer.

3. Community Design Commission reviews and approves building elevations and site lighting plans.

4. Access easement and right-of-way dedication plat(s) approved by Town staff, and is recorded at the Durham County Register of Deeds Office.

5. Upon applicant’s 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.

6. Engineering Department issues an Engineering Construction Permit, authorizing work within the public right-of-way.

RECOMMENDATIONS

Advisory board recommendations are summarized below:

Planning Board’s Recommendation: The Planning Board met on April 4, 2000 to review this application and voted 7-0 to recommend approval with conditions. The Planning Board recommended provision of 683 parking spaces, a temporary pedestrian crossing across the transit corridor, no access easement for an adjacent parcel, no additional tree preservation areas, and street trees at 2.5 inch caliper. Please see the attached Summary of Planning Board Action. This recommendation is reflected in Resolution B.

Transportation Board’s Recommendation: The Transportation Board met on April 4, 2000 and voted 4-2 to recommend approval with conditions. The Transportation Board recommended that 640 parking spaces be provided. Please see the attached Summary of Transportation Board action. This recommendation is reflected in Resolution C.

Bicycle and Pedestrian Advisory Board’s Recommendation: The Bicycle and Pedestrian Advisory Board met on April 11, 2000 to review the application. The Board recommended 564 parking spaces, a pedestrian crossing at the transit corridor, shared driveways, contrasting paving at curb cuts, and a perimeter sidewalk instead of a road around the central green. Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action. This recommendation is reflected in Resolution D.

Community Design Commission’s Recommendation: The Community Design Commission met on March 22, 2000 to review the application and voted 9-0 to recommend approval with conditions. Please see the attached Summary of Community Design Commission Action. This recommendation is reflected in Resolution A.

Parks and Recreation Commission’s Recommendation: The Parks and Recreation Commission will meet on April 19, 2000 to review this application. The Commission’s recommendation will be provided as soon as it is available and discussed in the Manager’s memorandum for the public hearing continuation, tentatively scheduled for May 8, 2000.

Manager’s Preliminary Recommendation: Based on our evaluation of the application, we conclude that the application complies with standards and regulations of the Development Ordinance and is consistent with the Meadowmont Master Plan.

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 findings required to approve the Special Use Permit, we recommend that the application be approved with adoption of Resolution A. Resolution A stipulates a maximum of 568 parking spaces, a temporary pedestrian crossing at the transit corridor, pedestrian/bike connections to the eastern property line, additional tree preservation areas, and 3.5 inch caliper street trees along public streets.

Resolution F would deny the application.

Resolution G would determine the definition of contiguous property for this application.

DIFFERENCES AMONG RESOLUTIONS

ISSUE	RES. A Community Design Commission’s and Manager’s Preliminary Recommenda-tion	RES. B Planning Board Recommendation	RES. C Transportation Board Recommendation	RES. D Bicycle and Pedestrian Board Recommendation	RES. E Parks and Recreation Commission’s Recommendation
Number of Parking Spaces	568	683	640	564	To be determined
Temporary pedestrian crossing at transit corridor	Yes	Yes	*	Yes	To be determined
Bike and Pedestrian connection to commercial tract to the south	Yes	*	*	Yes	To be determined
Additional tree preservation areas	Yes	No	*	*	To be determined
Diameter of street trees along public roads	3.5 inches	2.5 inches	*	*	To be determined
Bike and Pedestrian connections to Lloyd Property	Yes	*	*	*	To be determined
Shared Driveways	No	*	*	Yes	To be determined
Contrasting Pavement at Curb Cuts	No	*	*	Yes	To be determined
Around Central Green, Replace Perimeter Road with Sidewalk	No	*	*	Yes	To be determined

* Not discussed during this advisory board’s review of the application, therefore not included in this resolution.

ATTACHMENTS

Planning Staff Report (p. 13)

Checklist of Project Fact Sheet Requirements (p. 25)

Resolution A (p. 26)

Resolution B (p. 36)

Resolution C (p. 38)

Resolution D (p. 39)

Resolution E (p. 41)

Resolution F (p. 42)

Resolution G – Defining Contiguous Property (p. 43)

Summary of Planning Board Action (p. 45)

Summary of Transportation Board Action (p. 46)

Summary of Community Design Commission Action (p. 47)

Summary of Bicycle and Pedestrian Board Action (p. 48)

Letter from Triangle Transit Authority (p. 49)

Applicant’s Statement of Justification (p. 50)

Memorandum Describing Compliance with the Meadowmont Master Land Use Plan (p. 61)

Summary Pages of Applicant’s Traffic Impact Analysis (p. 66)

Letter from Applicant’s Traffic Consultant (p. 50)

Project Fact Sheet (p.72)

Meadowmont Master Project Fact Sheet Supplement (p.75)

Reduced Area Map (p.80)

Reduced Plans (p. 85)

Planning Staff Report

SUBJECT: Public Hearing: Cedars of Chapel Hill Retirement Community of Meadowmont – Planned Development-Housing - Special Use Permit Application

(File No. 479-1-1B)

DATE: April 17, 2000

INTRODUCTION

We have received an application for a Special Use Permit for construction of a retirement community including 250 apartments with a clubhouse, 50 single-family homes, and an 84-bed health care facility. The 50.2-acre property within the Meadowmont development is located in the Residential-1 (R-1) and Residential-5-Conditional (R-5-C) zoning districts.

BACKGROUND

EVALUATION

The Town staff has reviewed this application for comparison with the standards of the Development Ordinance and the Design Manual and offers the following evaluation.

Existing Conditions: The site is at the northeast corner of the Meadowmont Lane/Barbee Chapel Road intersection, northeast of the Meadowmont Village Center. Most of the 50.2-acre site is gently sloping (10-15%), with small pockets of steeper slopes. The high point (elevation 338 feet) is at the northwest corner of the site. Most of the site drains to a low point (elevation 260) at the eastern edge of the property where a retention pond is under construction as part of the water quality protection infrastructure for Meadowmont. The site has a tree canopy of pines, poplars, and oaks 25 years old and 30-40 feet high, with an understory of young hardwoods and cedars. Clusters of large trees grow in several areas, including the northwest quadrant, the east central section, and southern tip of the site.

The property lies almost entirely within Durham County. The UNC Paul J. Rizzo Conference Center abuts the site to the north. Meadowmont Lane borders the property on the west. Barbee Chapel Road abuts the site to the south and west. Across Meadowmont Lane is the UNC Wellness Center site. The Meadowmont Apartments complex is under construction across Barbee Chapel Road.

Intensity Standards: The applicant’s Fact Sheet indicates that the proposal would meet all land use intensity standards for the Residential-1 and Residential-5-Conditional zoning districts, except floor area. The maximum floor area for an independent, stand-alone site of this size would be 662,706 square feet. The applicant proposes 728,603 square feet of floor area. The applicant proposes that the floor area for this development be reviewed in the context of the entire Meadowmont development, rather than as a stand-alone project, in the same manner used for the review and approval of the Meadowmont Apartments and the Meadowmont Hilton Garden Inn.

With each phase of Meadowmont, the applicant has prepared a tally sheet showing the cumulative impact on all aspects of land use intensity for all of Meadowmont. This tool was required for monitoring compliance with the Town’s land use intensity regulations and the minimums and maximums agreed to in the Meadowmont Master Land Use Plan. The current tally sheet, submitted with the Cedars application, indicates that in several areas of Meadowmont (e.g., the Village Center and the Swim Club), the permitted floor area exceeds proposed/constructed floor area. The applicant wishes to apply some of the excess permitted floor area to the retirement center. We believe that by reviewing the cumulative tally sheets with each development application, we will be able to ensure the floor area and other land use intensity standards balance out for the Meadowmont development as a whole. We believe the applicant’s request to apply about 66,000 square feet of excess Meadowmont floor area to this development is reasonable.

This site includes the eastern exterior boundary of Meadowmont, and as such is subject to specific building/parking setback of 40 feet, and a landscape buffer width of 20 feet. The proposal respects these standards specific to the Meadowmont Master Land Use Plan.

The proposal calls for impervious surface of about 44%.

Land Use: We recommend that the use of this development be restricted to retirement community use only. The Meadowmont Master Land Use Plan was approved assuming a certain amount of traffic impact. We believe that restricting this site to the intended use will help ensure that the development will not exceed the assumed traffic impact. We have included in all resolutions of approval a stipulation to this effect.

Recreation Space: A minimum of 109,379 square feet of recreation space is required for this Planned Development-Housing. The applicant is proposing a central lawn area for community activities and croquet; an indoor pool and fitness center within the clubhouse; and outdoor areas improved for active recreation, totaling 109,379 square feet, to fulfill this requirement. Details on the proposed outdoor active recreation areas will be presented to the Parks and Recreation Commission at its upcoming meeting, and to the Council at the Public Hearing, but are not yet available for staff review. We have included in all resolutions of approval a stipulation calling for the recreation area details to be reviewed for approval by the Parks and Recreation Commission and the Town Manager prior to issuance of a Zoning Compliance Permit.

Access and Circulation: Vehicular access would be provided via two access points off Meadowmont Lane, one access point off Barbee Chapel Road, and two access points off a short street connecting Barbee Chapel Road almost to the eastern boundary of Meadowmont.

The 50-foot transit corridor, an important component of the Master Plan, crosses the northern section of this site and stubs out to the eastern boundary of Meadowmont.

Early in the review of this project, we recommended that one or two potential future vehicular connections be provided to the Lloyd property at the eastern property line. The applicant notes that the retirement community’s internal streets are proposed as private streets and does not wish to connect to the adjoining property unless the adjoining property is later used for expanding the retirement community. The applicant has noted on the plans that a vehicular connection may be made in the future, but only if the adjacent property becomes part of the Cedars development.

We note that the future use of the adjacent property is unknown, and that the impact of its potential traffic through the retirement community is therefore also uncertain. We agree that it would be undesirable to have high volume of traffic, such as that from a typical apartment complex, traveling through a retirement community. We note that without access to the Cedars development, the developer of the Lloyd property has three other ways to obtain vehicular access: from the DuBose property to the north, from a public road in the Meadowmont property near the Barbee Chapel Road/NC Highway 54 intersection, and directly from NC Highway 54. Because the Lloyd property has other access options, we believe the approach proposed by the Cedars developer – provision of vehicular access only for a like use - is reasonable.

We note that the Town Council could add a stipulation requiring the developer to provide vehicular access to the Lloyd property, regardless of the unknown nature of its future use.

Failing a requirement for vehicular connections to the Lloyd property, we recommend that bicycle and pedestrian access be provided and constructed to the eastern property line by this developer. We have included this recommendation in Resolution A.

Because no median cut is permitted at this location, the main upper entrance off Meadowmont Lane, leading to the health care facility, is proposed as a right-in, right-out only access point.

All internal streets are proposed to be private. We recommend, and the applicant has agreed, that the private streets, the drive aisles, and parking lots be designed and constructed to Town standards. The applicant has agreed to provide a note on final plats and plans that the Homeowners’ Association will be responsible for street and drainage maintenance. We recommend that if a private entity proposes to dedicate the streets for public use and public maintenance, the private entity be required to repair or upgrade the streets to Town standards prior to Town acceptance of the streets. We have included in all resolutions of approval stipulations to this effect.

The Bicycle and Pedestrian Board recommends in Resolution D that the private street encircling the central green be replaced by a 10-foot wide sidewalk/bike path. We believe it would be advantageous to keep a vehicular route around the green, primarily for drop-off of passengers at the green, at the front of the apartment buildings, and at the front of the clubhouse. We do not recommend deleting this street.

In Resolution D, the Bicycle and Pedestrian Advisory Board recommends that driveways be consolidated where possible to reduce impervious surface and to reduce the number of curb cuts to improve pedestrian safety. We believe that having shared driveways for the 50 single-family houses in this retirement center would not significantly reduce impervious surface or improve pedestrian safety, and could present unnecessary logistical difficulties for aging residents. We recommend a reduction of surface parking spaces rather than combining driveways for reduction of impervious surface.

We recommend that along the refuse/recycling service vehicle routes, heavy duty pavement, with a 10” base course, be installed; or that notes on the plats and plans indicated that the Town will not be responsible for any pavement damage that may result from service vehicles at such time as public collection is requested in the future.

There is an adjacent parcel of land that fronts on NC Highway 54 and Barbee Chapel Road. The Bicycle and Pedestrian Advisory Board recommended provision of pedestrian/bicycle access to this parcel. Resolution A and Resolution D, the Manager’s Preliminary Recommendation, The Bicycle and Pedestrian Advisory Board recommendation include this recommendation stipulation.

Pedestrian access would be provided in the following locations:

· sidewalks along both sides of Barbee Chapel Road and Meadowmont Lane, in accordance with the Meadowmont Infrastructure Special Use Permit;

· sidewalks along at least one side of all the internal, private drives, except Cedar Pond Lane (a drive aisle between apartment buildings) and the access drive directly off Barbee Chapel Road;

· sidewalks from the parking lots to the apartment buildings; and

· sidewalk from the southern section of single-family houses to the clubhouse area.

In addition, the applicant proposes pedestrian trails in the vicinity of the retention ponds. We believe these sidewalk locations are adequate to facilitate good pedestrian access to and through the site.

In Resolution D, the Bicycle and Pedestrian Advisory Board recommended that contrasting pavement be provided at driveway curb cuts to ensure that sidewalks are visually and topographically continuous, uninterrupted by slope change in pavement. This would afford the

most ease for pedestrians. We believe this approach is workable on flat sites, but may not work in all locations on this rolling site. We recommend that flexibility be given so that slopes can be accommodated. We have included in Resolution A stipulation which calls for ease of sidewalk use to be a priority in the review and approval of final plans.

Two pedestrian crossings, providing access across Meadowmont Lane, are required as part of the Meadowmont Infrastructure Plan. The Meadowmont Greenway is located 300 feet from the northeast corner of this development. The applicant estimates that 80% of the retirement community residents will live within a half mile of the Meadowmont Village Center.

The applicant has proposed a vehicular/pedestrian crossing across the transit corridor, to link the residential portion of the development to the health care facility. In the attached letter, the Triangle Transit Authority recommends that a temporary vehicular/pedestrian crossing be provided, with the understanding that it would need to be removed once the transit infrastructure is constructed. The TTA says that once the transit line is operational, the only safe pedestrian crossing would be a grade-separated one. No provisions have been made for a grade-separated pedestrian crossing in this location. We recommend that a temporary pedestrian crossing be provided with this development, to be removed with the construction of the transit line.

Bike lanes are included in the Meadowmont Lane cross-section. Bike racks are proposed at the health center, the clubhouse, and with the underground parking areas in the apartment complex.

A bus stop is proposed near this site on Meadowmont Lane, with the location and design to be approved by the Town Manager.

Parking: The Development Ordinance requires 1 parking space per two beds for a group care facility, 2 parking spaces per single family dwelling, and 1.5 spaces per 1 or 2 bedroom apartment. For a development which includes an 84-bed health care facility, 50 single-family residences, and 250 apartments, the minimum required number of spaces is 517. The applicant proposes 683 parking spaces, stating that the retirement community will require more than the standard number of parking spaces for a typical residential development. The applicant posits that additional parking will be needed for anticipated community gatherings and for employees of the healthcare facility and apartment complex. The applicant also notes that some of the parking spaces (170, according to the plans) are located under apartment buildings, a feature which may offset some of the negative impacts of 683 parking. The Planning Board, in Resolution B, recommends this number of spaces be provided.

We believe that the Development Ordinance standards for single-family and multifamily parking numbers could be considered generous when applied to a retirement community. We believe that many single-family households within the retirement community will have only one car, and that the number of parking spaces for a health care facility, one per two beds, takes into account some of the staff parking needs. In addition, the applicant’s Transportation Impact Analysis indicates that this development would generate only 39% of the number of daily trips that a typical apartment complex of this size would generate, leading us to believe that a retirement community would not contain as many cars as a typical apartment community.

We have compared this proposal to Carol Woods Retirement Community, which has 600 parking spaces for a 90-bed health care center, 280 dwelling units, and several buildings for physical, dining, and social activities. We understand from Carol Woods staff that this number of parking spaces has been more than adequate, even during heavy visitation periods such as holidays. We believe that it would be reasonable to reduce the number of parking spaces below the 683 proposed.

We understand that the applicant proposes to provide taxi and shuttle services for the residents and that golf carts will be used within the retirement community. We believe this will further reduce the need for parking spaces.

We believe that by reducing the number of parking spaces, the applicant could preserve more existing large trees and other vegetation, resulting in a more attractive view from the roadways and a more pleasant living environment for the residents. We note that recently the Council has considered mandating a parking space maximum of 10% over the required minimum number. For this project, 10% over the required minimum number of spaces would be 568. We have included a stipulation in Resolution A which limits the parking space number to 568 spaces.

The Transportation Board, in Resolution C, recommends provision of 640 spaces.

The Bicycle and Pedestrian Advisory Board in Resolution D, recommends provision of 564 spaces.

Traffic Impact: The Traffic Impact Study for this Special Use Permit application corresponds with the overall Traffic Impact Study for the entire Meadowmont development. The overall study was approved as part of the Master Land Use Plan, and calls for several improvements to NC 54. The overall study assumed office and retail development, as well as residential units, in the section of Meadowmont north of NC 54.

The applicant’s Traffic Impact Analysis for the Cedars Retirement Community assumes that the Council-approved improvements to NC 54 would be in place, including widening the NC 54 to a 6-lane facility from Burning Tree Drive to Barbee Chapel Road, and that Meadowmont Lane would be a 4-lane drive. The analysis assumes a “heaviest traffic” scenario of 265 typical apartment units, which would generate more traffic than the proposed 250 apartments, 50 single-family houses, and an 84-bed health care facility within a retirement community. (Please see the attached letter from the applicant’s traffic consultant.)

The analysis describes conditions at the signalized NC Highway 54 intersections at Friday Center Drive and Finley Golf Course Road/Burning Tree Drive upon the completion of Meadowmont. The analysis indicates that the Friday Center Drive intersection will in the future operate at Level of Service D in the p.m. peak hour. The analysis indicates that the Finley Golf Course/Burning Tree Drive highway intersection will in the future operate at Level of Service B at the p.m. peak hour. Please see the attached Traffic Impact Analysis submitted by the applicant. The applicant, in the attached Statement of Justification, indicates that the anticipated daily traffic would be about 39% of the trips that could be expected from 265 typical apartments.

We believe the applicant’s Traffic Impact Analysis is acceptable.

The approved Meadowmont Master Land Use Plan requires several improvements to NC 54, between Barbee Chapel Road and Burning Tree Drive. We are recommending the construction completion of Meadowmont Lane from NC 54 to this property’s northern property line, and construction of Barbee Chapel Road along this site’s frontage.

We have also included a stipulation in Resolution A that a Transportation Management Plan be developed by the applicant and approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that the plan be updated and approved on an annual basis. A Transportation Management Plan is a plan for minimizing single-occupancy vehicle travel to a particular development. The plan also sets forth employee incentives for the use of alternative transportation, such as transit and ridesharing.

All resolutions of approval include stipulations calling for the road improvements required in the Infrastructure Special Use Permit and for a Transportation Management Plan.

Building Location and Elevations: We note that the reserved transit corridor crosses the northern end of this site. The Triangle Transit Authority generally has recommended that all buildings be located at least 40 feet from the edges of the transit corridor

The proposal calls for the health care center to be 40 or more feet from the edge of the transit corridor. However, several of the garages associated with single-family homes are within 20 feet of the corridor. However, the single-family homes are located at least 60 feet from the transit corridor. We believe this is acceptable. In the attached letter, the Triangle Transit Authority indicates it finds this arrangement acceptable.

We recommend that the detailed building elevations and lighting plan be approved by the Community Design Commission prior to the issuance of a Zoning Compliance Permit.

Buffers and Landscaping: The site has tree canopy of pines, poplars, and oaks 25 years old and 30-40 feet high, with an understory of young hardwoods and cedars. The vegetation clearing plan, a component of the approved Meadowmont Master Land Use Plan, indicated that up to 85-100% of the vegetation might be cleared in this portion of Meadowmont.

Some of the boundaries of the lot are internal to the planned development. Landscape buffers are not required to separate this development from adjacent Meadowmont developments. However, the eastern property line comprises part of the Meadowmont development exterior boundary. A Type “C” landscape buffer (20 feet minimum width) is required in this location. The applicant proposes a 20-foot Type “C” buffer along the eastern property line. The applicant proposes to supplement existing vegetation with evergreen shrubs and trees as necessary to fulfill landscape buffer planting requirements. We recommend that the buffer plan be reviewed for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

In addition, screening and shading of parking lots are required. Notes on the landscape plan indicate the applicant’s intent to comply with parking lot screening. We have included in Resolution A stipulations which address the shading and screening requirements.

We note that a tree survey was submitted with the initial application, but we believe it does not show all the large and significant trees on the site. Thus we have been unable to complete an evaluation of the relationship between tree preservation and site design. At this time, the applicant proposes to preserve existing vegetation in the following areas:

· Along the eastern property line;

· The northeast corner of the site near the transit corridor;

· A small segment of Meadowmont Lane frontage;

· Along the Barbee Chapel Road frontage northwest and west of the larger retention pond; and

· Within most of the reserved transit corridor.

Until we receive a complete tree survey, our preliminary recommendation is that large trees be preserved in the following additional areas:

· Several magnolias west of the health care facility;

· On either side of the main entrance off Meadowmont Lane.

This recommendation is included in all resolutions of approval except Resolution B, as the Planning Board did not recommend the provision of additional tree preservation areas.

We note that upon receipt of a complete and accurate tree survey, we may revise our recommendations on site design and tree preservation. We recommend that the Landscape Protection Plan include the location of all clearing limit lines required associated with construction of the stormwater retention pond, pump station, and associated access and utility easements. We further recommend that the plans show the scaled critical root zones of all trees to be retained adjacent to construction. We recommend that a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

Recently the Town Council indicated a desire to encourage developers to consider conducting plant rescue activities on development sites. In all resolutions of approval we have included a stipulation asking the developer to consider conducting such activities.

The applicant also proposes landscaping in the following locations:

· Between single-family houses and the transit corridor, continuous screen plantings;

· Street tree plantings along all streets;

· Along the east side of Meadowmont Lane; and

· Between the northern edge of the apartment complex and the nearby single-family homes.

We recommend that where clearing is proposed between this development and the existing public streets and stormwater pond, the planting plan include the installation of large (at least 3.5-inch caliper) shade trees and a mix of shrubs and understory trees. All resolutions of approval include this stipulation, except Resolution B, as the Planning Board specified a tree size of 2.5-inch caliper.

Stormwater Management: The applicant, in the attached Statement of Justification, indicates his intent to make the retention/detention pond function as a visual amenity as well as a stormwater/water quality control measure.

We recommend that a detailed stormwater management plan be submitted to the Town Manager for review and approval prior to issuance of a Zoning Compliance Permit. All resolutions of approval include these stipulations.

Watershed Protection District: The Meadowmont development is located within the Town of Chapel Hill’s Watershed Protection District. As with all applications for development within this district, we require impervious surface and unit calculations to monitor compliance with the requirements of the watershed protection regulations. All development in the Watershed Protection District is subject to one of two options, or a combination of options, to control non-point source and stormwater pollution. The applicant may choose to use either the Low Density Option or the High Density Option (listed in Section 10.5.2 of the Development Ordinance) to satisfy the watershed protection regulation. The Low Density Option would restrict impervious surface to 24% of gross land area. The High Density Option would allow up to 50% impervious surface with controlled stormwater runoff from the first inch of rainfall.

The Meadowmont Master Land Use Plan identifies areas of both low and high density development. Within the areas identified high density development, each sub-basin would have a limit of 50% impervious surface coverage, and would be required to have a retention pond. Individual developments within each sub-basin would not necessarily be subject to the 50% limit. Instead, the combination of developments within a basin would have this limit. This application for a retirement center, located within the high density area of Meadowmont, indicates that 44% of the site would be covered with impervious surface. A retention/detention pond is now under construction in the southeast section of this site, and another smaller retention pond is proposed near the midpoint of the eastern boundary of this site. The Meadowmont developers, with previous development proposals, submitted a tally sheet showing that impervious surface in the high density portion of Meadowmont will not exceed 50% impervious surface, thus meeting the high density requirements. We will continue to monitor the combined impervious surfaces to check for compliance with the high density area requirements.

We have also included several stipulations regarding stormwater management that were included in the Meadowmont Master Land Use Plan, as well as our standard stipulation that a Stormwater Management Plan be approved for this development prior to issuance of a Zoning Compliance Permit.

We recommend that the retention ponds and outlets be contained within stormwater drainage easements and that maintenance access with easements be provided prior to issuance of a Certificate of Occupancy.

The above-described recommendations have been included in all resolutions of approval.

During the review of this project, we asked the applicant to consider using bioretention methods on the site, where appropriate. The applicant has responded that bioretention would not work well for this development, given the space constraints and the characteristics of the soils.

Solid Waste Management: The applicant proposes private collection service. The applicant proposes a trash compactor near the clubhouse. A recycling area and two refuse dumpsters would be provided at the health center. The Homeowners’ Association would be responsible for transporting the refuse from each dwelling unit to the refuse containers. We recommend that a second recycling area be provided on the site, somewhere near the multifamily units, if deemed necessary by the Town Manager. We also recommend that glass recycling containers be rollout carts rather than dumpsters. In addition, we recommend that space be provided for segregated grease rendering/recycling and for segregated food waste.

We recommend that a Solid Waste Management Plan be developed for review and approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

We have included these stipulations in all resolutions of approval.

Utilities: The applicant proposes all utility lines to be underground. Utility providers have indicated that they can serve the site. We recommend that the final detailed utility/lighting plans be reviewed and approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth and GTE, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.

Fire Safety: We have included our standard stipulation that a fire flow report, prepared by a registered professional engineer, showing that flows meet the minimum requirements of the Design Manual be approved prior to issuance of a Zoning Compliance Permit. We recommend that the fire hydrant connections be installed on the street side of buildings in easily visible and accessible locations by the Town Manager.

Erosion Control: The Town council recently amended the Town Code as it relates to erosion control. In general terms, the amendment states that if one acre or more is uncovered by land-disturbing activities for a project, a performance guarantee shall be required in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances, and that the guarantee shall be required prior to issuance of any permit to begin land-disturbing activity. We note that the purpose of this financial guarantee is to cover the restoration or replacement of failed or failing soil erosion and sedimentation control devices. We recommend that this development provide this performance guarantee. We recommend that the approval include a stipulation calling for the plans to be reviewed for approval by the Orange County Erosion Control Officer prior to issuance of a Zoning Compliance Permit. We have included these stipulations in all resolutions of approval.

Special Use Permit Findings: For approval of a Special Use Permit or Special Use Permit Modification, the Council is required to make findings based on 1) public health, safety and general welfare, 2) compliance with the town’s development regulations and standards, 3) the value of contiguous property or demonstration of public necessity and 4) the physical development of the Town.

In a typical Special Use Permit proceeding, the burden is on the applicant to present a case which allows the Council to make the required four findings for approving a Special Use Permit. With Council approval of a conceptual Master Plan, however, if the Special Use Permit application is found to be consistent with the Master Plan, the burden regarding three of the four findings then shifts to those opposed to approval of the Permit. The Council must only make the finding that the proposed development complies with all applicable sections of the Development Ordinance. Evidence will be presented at the Public Hearing for this application. If the Council decides that the evidence does not support making the fourth finding, or if evidence is presented which indicates the application is inconsistent with the Master Plan, then the application cannot be approved and accordingly should be denied by the Council.

Comparison to Master Land Use Plan: The Meadowmont Master Land Use Plan indicated either a retirement center or a multifamily development at this location, with a health care facility. We believe the proposed development would qualify as a retirement center.

The Master Plan Modification, which included reduced traffic impact, authorized the construction of 350 dwelling units on this site. The applicant proposes 300 dwelling units and 728,603 square feet of floor area. We believe the proposal falls within the land use intensity parameters described in the Master Plan.

Please see the attached letter from the applicant describing similarities and differences between the Master Plan and this development application.

We believe the proposal is generally consistent with the Master Plan.

CONCLUSION

We believe that the proposal, with conditions in the attached resolutions of approval, would meet the requirements of the Development Ordinance, that the proposal is generally in accordance with the Meadowmont Master Land Use Plan.

Resolution A, B, C, D, or E would approve the application with conditions.

Resolution F would deny the application.

PROJECT FACT SHEET REQUIREMENTS

Check List of Regulations and Standards

Special Use Permit Application

	STAFF	EVALUATION
CEDARS OF CHAPEL HILL	COMPLIANCE	NONCOMPLIANCE
Use Permitted	X
Minimum Gross Land Area	X
Minimum Lot Width	X
Maximum Floor Area	(met for Meadowmont Development as a whole)
Minimum Outdoor Space	X
Minimum Livability Space	X
Minimum Recreation Space	X
Impervious Surface Limits	X
Minimum # Parking Spaces	X
Minimum # Loading Spaces	X
Minimum # Handicapped Spaces	X
Maximum # Dwelling Units	X
Minimum Street Setback	N/A
Minimum Interior Setback	N/A
Minimum Solar Setback	N/A
Maximum Height Limit	X
Minimum Landscape Bufferyards (applicable on eastern property line only)	X
Public Water and Sewer	X

N/A = Not Applicable Prepared: April 4, 2000

RESOLUTION A

(Community Design Commission’s and Manager’s Preliminary Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE CEDARS OF CHAPEL HILL RETIREMENT COMMUNITY AT MEADOWMONT (SUP 479.1.1B)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by the Meadowmont Retirement Community, LLC, on property identified as Durham Township Tax Map 479-1-1B, if developed according to the plans dated November, 1999 (revised February 1, 2000), the Meadowmont Master Land Use Plan, and 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 required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations, with the modifications listed below;

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 Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that these findings are conditioned on the following:

Stipulations Specific to the Development

1. That construction begin by ________________ (two years from the date of Council approval) and be completed by ____________ (ten years from the date of Council approval).

2. Land Use Intensity: This Special Use Permit authorizes the following:

· 67 Buildings, with a maximum of 782,603 square feet of floor area, for 300 residential dwelling units, (250 multi-family dwelling units and 50 single-family dwelling units) a clubhouse, and a health care facility;

· 109,379 square feet of recreation space; and

· A maximum of 568 parking spaces.

3. That, in accordance with Section 13.11 of the Development Ordinance, at least 15% of the single-family dwelling units shall contain no more than 1,100 square feet of floor area and an additional 10% of the single-family dwelling units shall contain no more than 1,350 square feet of floor area at the time that the units are initially conveyed. This restriction shall apply for the one year after the issuance of the initial Certificate of Occupancy for the single-family unit.

4. Land Use: That the use of this development be restricted to retirement community use only.

5. Land Use Intensity Calculations: That the applicant provide calculations confirming Meadowmont’s overall compliance with Land Use Intensity Ratios.

6. Recreation Area: That the proposed indoor and outdoor recreation areas meet the Town’s standards for Planned Development-Housing recreation area, and that the details be reviewed for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

7. Boundaries of the Meadowmont Development: That buildings and parking shall be at least 40 feet from the eastern property line, with a landscape buffer width of at least 20 feet.

8. Northernmost Entrance Off Meadowmont Lane: The main upper entrance off Meadowmont Lane, leading to the health care facility, shall be a right-in, right-out only access point.

9. Pavement Design and Construction: That the streets, the drive aisles, and parking lots be designed and constructed to Town standards.

10. Private Streets: That if the internal streets are privately owned, the Homeowners’ Association will be responsible for street and drainage maintenance. In addition, if a private entity responsible for the streets proposes to dedicate the streets for public use and maintenance, the private entity shall repair and upgrade the streets to Town standards prior to acceptance by the Town. Notes to this effect shall be placed on the final plans and final plat.

11. Heavy Duty Pavement: That along the refuse/recycling service vehicle routes, heavy duty pavement, with a 10” base course, be installed; or that notes on the plats and plans indicate that the Town will not be responsible for any pavement damage that may result from service vehicles at such time as public collection is requested.

12. Pedestrian/Bicycle Access: That pedestrian/bicycle access be provided to the Meadowmont commercial site adjacent to the south.

13. Pedestrian Crossing at the Transit Corridor: That a temporary pedestrian crossing be provided across the transit corridor, until the transit infrastructure is constructed.

14. Public Improvements:

A. That Meadowmont Lane be constructed according to the approved Meadowmont Infrastructure Special Use Permit plans, from NC 54 to the northern property line of this site, prior to the issuance of any Certificate of Occupancy.

B. That Barbee Chapel Hill Road be constructed along the entire length of the site’s frontage and in accordance with the approved Meadowmont Infrastructure Special Use Permit plans prior to the issuance of any Certificate of Occupancy.

C. That this development be coordinated with the NC 54 construction and traffic signal improvements.

D. That a bus stop be provided on Meadowmont Lane or Barbee Chapel Road, with the location and design to be approved by the Town Manager.

15. Bike Racks: That covered bike racks be provided at the health center, the clubhouse, and with the underground parking areas in the apartment complex, as well as other locations on site, with number, type, and locations to be approved by the Town Manager.

16. Sidewalks: That the ease of use of sidewalks shall be a primary consideration in the site layout and sidewalk construction/design, and that sidewalks be provided in the following locations:

· sidewalks along both sides of Barbee Chapel Road and Meadowmont Lane, in accordance with the Meadowmont Infrastructure Special Use Permit;

· sidewalks along at least one side of all the internal, private drives, except Cedar Pond Lane (a drive aisle between apartment buildings) and the access drive directly off Barbee Chapel Road;

· sidewalks from the parking lots to the apartment buildings;

sidewalk from the southern section of single-family houses to the clubhouse area;

· pedestrian trails in the vicinity of the retention ponds; and

· sidewalk/bikepaths in two locations to the Lloyd property: south of the transit corridor and near the clubhouse.

17. Parking:

A. That 568 parking spaces be provided, 170 of which shall be placed under buildings.

B. Heavy Duty Pavement: That heavy duty pavement be installed under the refuse service vehicle access route and under the dumpster pads and compactor area, with pavement specifications, the location, and configuration to be approved by the Town Manager.

C. Parking Area Screening: That all parking areas be screened from public road view, and that screening plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

D. Parking Lot Design and Construction: That all parking lots shall be designed and constructed to meet Town standards unless an alternate design is approved by the Town Manager.

18. Permanent Retention Basin Installation:

A. That stormwater retention ponds be in place prior to the issuance of any Certificate of Occupancy.

B. Compliance with the Town Watershed Protection District regulations shall be demonstrated with the provision of permanent ponds. Permanent stormwater retention shall be required in accordance with the requirements of the Development Ordinance.

C. The size, accessibility, location, and design of each pond shall be approved by the Town Manager.

D. These wet retention ponds shall meet or exceed the North Carolina Division of Environmental Management requirements and shall be designed so as to be approved by the Division of Environmental Management, the North Carolina Division of Water Quality, the Army Corps of Engineers, and the Town Manager.

E. The property owner shall post a performance bond or other surety instrument satisfactory to the Town, in an amount approved by the Town Manager, to assure maintenance, repair, or reconstruction necessary for adequate performance of the engineered stormwater controls.

F. The Owners’ or Homeowners’ Association shall be responsible for arranging for annual inspections of all ponds by an appropriately certified engineer, to determine whether the ponds and associated structures are operating acceptably according to design requirements, and to report findings of said inspections to the Town manger, with such recommendations for maintenance or repair as may be warranted. Any needed repairs shall be completed within 120 days unless otherwise approved by the Town Manager. Restrictive covenants shall be recorded which shall identify these responsibilities of the Owners’ or Homeowners’ Association, including pond maintenance.

G. Maintenance of the ponds shall be the responsibility of the applicant or a property/homeowners’ association. A maintenance plan shall be provided for each of the retention ponds, to be approved by the Town Manager. The plans shall address inspection, maintenance intervals, type of equipment required, access to each pond, and related matters.

H. As part of the application for Final Plan Approval, the applicant shall provide an up-to-date cumulative total of impervious surfaces within the sub-basin.

I. The minimum permanent pool depth shall be at least three (3) feet in addition to enough volume to store the accumulated sediment between clean out periods.

J. All sediment deposited in the ponds during construction activity on contributing sites must be removed before “normal” pond operation begins.

K. Emergency drains shall be installed in all ponds to allow access for repairs and sediment removal as necessary.

L. Anti-seepage collars shall be used on any structures penetrating dams or water retaining embankments.

M. Public storm drainage systems, or other utilities, shall not be located within a pond or dam structure.

N. That no ponds be created within the perimeter landscape buffer required for Meadowmont development.

O. That the ponds be located and designed such that damage to existing large trees can be minimized.

P. That the retention ponds and outlets be contained within stormwater drainage easements and that maintenance access with easements be provided prior to issuance of a Certificate of Occupancy.

19. Ownership and Responsibilities of Common Areas:

A. That an owners’ association be created for the maintenance and regulation of the private (residential, office, park, landscape, and commercial) areas including privately maintained streets and alleys. All property owners owning land within the area of the Master Land Use Plan approval, excluding governmental bodies, shall be represented in the owners’ association. This owners’ association shall have maintenance responsibilities for commonly owner development elements which affect the entire development including the stormwater management facilities.

B. In addition, a separate neighborhood association(s) and/or owners/ association(s) shall be created for the maintenance and regulation of the residential, office, and commercial areas. The documents creating these entities shall be reviewed for approval by the Town manager, and shall be recorded in the Orange County Register of Deeds Office prior to the issuance of a Zoning Compliance Permit.

C. The responsibilities of these entities shall include the ownership and maintenance of the private alleys, private green spaces, private parks and recreation space, private retention and detention basins, and the landscape buffers.

D. These entities shall also be responsible for an “add-on fees” charged by Duke Power for special street lighting.

E. These entities shall have the ability to place a lien on property for nonpayment of dues or fees.

20. Dedication of Right-of-Way and Sight Triangle Easements: That right-of-way and sight triangle easements, as required by NCDOT or the Town, be dedicated prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to Landscape Elements

21. Landscape Protection Plan:

A. That a complete and accurate tree survey be provided with the first submittal of Final Plans.

B. That a Landscape Protection Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan shall include areas of vegetation to be preserved; the anticipated clearing limit lines; proposed grading; proposed utility lines a detail of protective fencing; and construction parking and materials storage/staging areas. The plan shall show the use of tree protection fencing, unless alternate protection measures are approved by the Town Manager, between construction and existing vegetation.

C. That the plan indicate the critical root area (1 foot radius for every inch caliper dbh) for the large trees adjacent to construction areas.

D. No erosion control devices shall be allowed within the designated tree preservation areas.

E. That existing trees be preserved in the following areas:

· Along the eastern property line;

· The northeast corner of the site near the transit corridor;

· A segment of Meadowmont Lane frontage;

· Along the Barbee Chapel Road frontage northwest and west of the retention pond;

· Within most of the reserved transit corridor;

· Several magnolias west of the health care facility;

· On either side of the main entrance off Meadowmont Lane.

22. Landscape Plan:

A. That a detailed landscape plan and landscape maintenance plan be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

B. Detailed final plans shall include:

· Demonstration that parking lot shading and screening requirements will be met;

· Demonstration of compliance with the Master Landscape Plan for landscaping and preservation of vegetation.

C. That where clearing is proposed between this development and the existing public streets and stormwater pond, the planting plan shall include the installation of large (at least 3.5-inch caliper) shade trees and a mix of shrubs and understory trees.

23. Landscape Buffers: That a Type “C” landscape buffer (20 feet minimum width) be provided along the eastern property. Existing vegetation shall be supplemented with evergreen shrubs and trees as necessary to fulfill landscape buffer planting requirements. The landscape buffer plan shall be reviewed for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Building Elevations

24. Building Elevations/Site Lighting: That the detailed building elevations and lighting plan be approved by the Community Design Commission prior to issuance of the Zoning Compliance Permit.

Stipulations Related to Water, Sewer, and Other Utilities

25. Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Duke Power Company, Orange Water and Sewer Authority, BellSouth or GTE, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.

26. Placement of Utility Lines Underground: That the final plans indicate that all utility lines shall be placed underground.

27. Fire Flow: That a fire flow report, prepared by a registered professional engineer, and showing that flows meet the minimum requirements of the Design Manual, be approved prior to issuance of a Zoning Compliance Permit.

28. Fire Hydrant Locations: That the fire hydrant connections be installed on the street side of buildings in easily visible and accessible locations to be approved by the Town Manager.

Miscellaneous Stipulations

29. Stormwater Management Plan:

A. That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on a 25-year storm, the post-development stormwater run-off rate should not exceed the pre-development rate. The plan must show how stormwater detention for this site will be achieved.

B. Design and construction of any stormwater management facility shall be approved by the Town Manager. All plans and final plats shall include dedication of permanent easements and construction of a paved or gravel drive for ingress/egress as necessary for construction, maintenance operations and equipment. The drive shall be in a location to be approved by the Town Manager.

30. Transportation Management Plan: That a Transportation Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. This plan shall be updated and approved annually by the Town Manager. The required components of the Transportation Management Plan shall include:

Provision for designation of a Transportation Coordinator;

Provisions for an annual Transportation Survey and Annual Report to the Town Manager;

Quantifiable traffic reduction goals and objectives;

Ridesharing incentives; and

Public transit incentives.

31. Solid Waste Management Plan:

A. That the refuse and recycling collection services be private.

B. That a second recycling area be provided on the site, somewhere near the multifamily units, if deemed necessary by the Town Manager.

C. That glass recycling containers be rollout carts rather than dumpsters.

D. That space be provided for segregated grease rendering/recycling and for segregated food waste.

E. That a detailed solid waste management plan, including a recycling plan and a plan for managing construction debris, be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

32. 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 Development Ordinance and the Design Manual.

33. Plant Rescue: That the developer consider conducting plant rescue activities on the site prior to initiation of development activity.

34. Certificates of Occupancy: That no Certificates of Ocupancy be issued until all required public improvements are completed; and that a note to this effect shall be placed on the final plat.

If the Town Manager approves a phasing plan, no Certificates of Occupancy shall be issued for a phase until all required public improvements for that phase are complete; no Building Permits for any phase shall be issued until all public improvements required in previous phases are completed to a point adjacent to the new phase, and that a note to this effect shall be placed on the final plat.

35. Erosion Control:

A. That a detailed soil erosion and sedimentation control plan, including provision for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer and the Town Manager prior to issuance of a Zoning Compliance Permit.

B. That a performance guarantee be provided in accordance with Section 5-97.1 Bonds of the Town Code of Ordinances prior to issuance of any permit to begin land-disturbing activity.

36. Silt Control: That the applicant take appropriate measures to prevent and remove the deposit of wet or dry silt on adjacent paved roadways.

37. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number, the contractor’s representative, with a phone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.

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

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

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Special Use Permit application for the Cedars of Chapel Hill Retirement Community at Meadowmont.

This the _________ day of _______________, 2000.

RESOLUTION B

(Planning Board’s Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE CEDARS OF CHAPEL HILL RETIREMENT COMMUNITY AT MEADOWMONT (SUP 479.1.1B)

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

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 Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that these findings are conditioned on the following:

Stipulations Specific to the Development

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. That 683 parking spaces be provided.

3. That no access easement for the adjacent parcel be required of this developer.

4. That additional tree preservation not be required in the following areas:

· Several magnolias west of the health care facility; and

· On either side of the main entrance off Meadowmont Lane.

5. That the minimum size of the trees to be installed between the development and public streets shall be 2.5-inch caliper.

This the _________ day of _______________, 2000.

RESOLUTION C

(Transportation Board’s Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE CEDARS OF CHAPEL HILL RETIREMENT COMMUNITY AT MEADOWMONT (SUP 479.1.1B)

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

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 Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that these findings are conditioned on the following:

Stipulations Specific to the Development

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. That 640 parking spaces be provided.

This the _________ day of _______________, 2000.

RESOLUTION D

(Bicycle and Pedestrian Advisory Board’s Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE CEDARS OF CHAPEL HILL RETIREMENT COMMUNITY AT MEADOWMONT (SUP 479.1.1B)

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

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 Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that these findings are conditioned on the following:

Stipulations Specific to the Development

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. That a maximum of 564 parking spaces be provided.

3. That driveways be combined where possible to reduce impervious surface and the number of curb cuts.

4. That contrasting pavement be used at curb cuts, so that sidewalks are visually and topographically continuous, uninterrupted by driveway pavement.

5. That the private street encircling the central green be replaced with a 10-foot wide sidewalk/bike path.

6. That pedestrian/bicycle access be provided to the Meadowmont commercial site adjacent to the south.

This the _________ day of _______________, 2000.

RESOLUTION E

(Parks and Recreation Commission’s Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE CEDARS OF CHAPEL HILL RETIREMENT COMMUNITY AT MEADOWMONT (SUP 479.1.1B)

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

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 Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that these findings are conditioned on the following:

Stipulations Specific to the Development

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. That the ………

This the _________ day of _______________, 2000.

RESOLUTION F

(Denying the Application)

A RESOLUTION DENYING A SPECIAL USE PERMIT APPLICATION FOR THE CEDARS AT CHAPEL HILL RETIREMENT COMMUNITY AT MEADOWMONT (SUP 479.1.1B)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by the Meadowmont Retirement Community, LLC, on property identified as Durham Township Tax Map 479, Block 1, Lot 1B, if developed according to the plans dated November 1999 (revised February 1, 2000), and conditions listed below would not:

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 required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, 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 Development Ordinance and in the Comprehensive Plan.

BE IT FURTHER RESOLVED that the Council finds:

(INSERT ADDITIONAL REASONS FOR DENIAL)

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the Special Use Permit application for the Cedars of Chapel Hill Retirement Community at Meadowmont.

This the ____ day of ____________, 2000.

RESOLUTION G

(Defining Contiguous Property)

A RESOLUTION DETERMINING CONTIGOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT APPLICATION FOR THE CEDARS OF CHAPEL HILL RETIREMENT COMMUNITY OF MEADOWMONT (2000-04-17/R-1)

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council, having considered the evidence submitted in the Public Hearing thus far pertaining to the application for Special Use Permit for the Cedars of Chapel Hill Retirement Community of Meadowmont, hereby determines, for purposes of Development Ordinance Seciton 18.3, Finding of Fact c), contiguous property to the site of the development proposed by this Special Use Permit application to be that property described as follows:

All properties within ___ feet of the site.

This the 17^th day of April, 2000.

INTRODUCTION

BACKGROUND

EVALUATION

CONCLUSION

STAFF

EVALUATION

CEDARS OF CHAPEL HILL

COMPLIANCE

NONCOMPLIANCE

X

Stipulations Related to Water, Sewer, and Other Utilities

Miscellaneous Stipulations