AGENDA #8c

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

SUBJECT:       Providence Glen Condominiums – Application for Special Use Permit

DATE:             May 8, 2000

                       

INTRODUCTION

Tonight the Council continues the Public Hearing from April 24, 2000, regarding the Special Use Permit application for a multi-family development on 23.7 acres of land on the south side of Sterling Drive, north of the Lowe’s site.  Adoption of Resolutions A, B, C, D or E would approve a Special Use Permit application.  Adoption of Resolution F would deny the request.

Please refer to the accompanying memorandum for a discussion of the accompanying Zoning Atlas Amendment application, to rezone this property from Residential-2 to Residential-5-Conditional.

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

¨      Cover Memorandum:  Provides background on the development proposal and the Town’s review process, and offers recommendations for Council action.

¨      Attachments:  Includes resolutions of approval and denial  and a copy of the April 24 Public Hearing memorandum and its related attachments.

BACKGROUND

January 19, 2000          Public Hearing for consideration of a Special Use Permit application to authorize construction of a multi-family was held.  The Council determined that contiguous property would be defined as those properties within 1,000 feet of this site.

February 28, 2000       Public Hearing was continued.  Questions raised at the January 19 Public Hearing were answered.  A Council member asked the applicant to consider providing 20 units at a sales price between $130,000 and $140,000.  The Hearing was continued to April 10.

April 10, 2000              The applicant requested additional time to consider the Council request.  The Hearings were continued to tonight.

April 24, 2000              The applicant offered an additional condition of approval that would ensure the continued affordability of the 18 reserved units under particular conditions.  The Hearings were continued to tonight.

process

This is an application for a Special Use Permit.  The Development Ordinance requires the Town Manager to conduct an analysis 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 on January 19, February 28, and April 24, we submitted reports and recommendation to the Council. 

The standard for review and approval of a Special Use Permit application involves consideration of four findings.  The Council must make all four of these findings in order to approve a Special Use Permit application: 

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

2)                  That the use or development complies with all required regulations and standards of this chapter, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;

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

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

The January 19 Public Hearing memorandum discussed the four findings as related to this application, including both supporting and opposing evidence for each finding.  We have provided the Public Hearing materials as an attachment to this memorandum.

If, after consideration of the evidence presented at the January 19 Public Hearing, the February 28 continuation of Public Hearing, the April 24 continuation of Public Hearing, and additional evidence submitted this evening, the Council decides that it can make the required four findings, the Ordinance directs that the Special Use Permit shall then be approved.  If the Council decides that sufficient evidence has not been provided to make these findings, then the application must be accordingly denied. 

Although the primary purpose of tonight’s meeting is to receive the applicant proposed language for a stipulation regarding long-term affordability of particular units as discussed at the April 24 Public Hearing, we note that further evidence  may be submitted this evening.

KEY ISSUE

The key issue brought forth during the April 24 Public Hearing was related to long-term affordability of the 18 reserved units for a particular amount of time.  The applicant has agreed to provide 18 units at a sales price of  $142,500 or, for those buyers represented by Orange Community Housing Corporation, $136,325.  The applicant offers these units with deed restrictions that include a right of first refusal and limited appreciation rider.   A letter from the applicant, addressing the issue raised, is attached on page 22.  The applicant’s response is summarized below:

1.      The applicant offers 20 percent of the units of increased density (over the current zoning classification) to be reserved for “affordable housing.”  The applicant offers to identify and reserve 18 two-bedroom homes for sale, subject to deed restrictions identified below.

2.      The applicant agrees to offer these 18 units initially at an initial  price of $142,500, with a cap on further increases in the sales price(s), by a factor not to exceed any increase in the Consumer Price Index (Base Year 2000) to buyers with a gross income equal to 100% or less of the median family income of Chapel Hill.

3.      The applicant offers to sell any number (or all) of the 18 units to the Town or Orange Community Housing Corporation at the sales prices noted above less the marketing sales commission of five percent, or $136,325.

4.      The applicant offers deed restrictions that include a right of first refusal and a limited appreciation rider.

5.      The applicant's proposal states that if the sale of a reserved home is not closed within 60 days after the Town issues a Certificate of Occupancy, the sale is not subject to the terms of the deed restriction.

6.      The term of the deed restriction is offered at 25 years from the closing date and applies to the first buyer and all subsequent buyers within the 25 year time period.

7.      The applicant offers to continue to negotiate for the most attractive financing package available for the 18 units.

Staff Comment:  These proposals by the applicant could be incorporated as conditions of approval in a resolution of approval.

We have included these conditions in Resolution A, the Manager’s revised recommendation.  The language is that which is offered by the applicant:

That the Developer shall identify and reserve no less than eighteen (18) units in the Providence Glen condominium project (collectively, the "Reserved Homes," and individually a "Reserved Home") for individuals or families with a gross income equal to one hundred percent (100%) or less of the Median Family Income of Chapel Hill, North Carolina (collectively, the "Qualified Buyers," and individually, a "Qualified Buyer").  Each Qualified Buyer shall deliver to the Developer written evidence, acknowledged in writing by the Administrator (Orange Community Housing Corporation), that such buyer qualifies as a Qualified Buyer.  The Developer shall have no further obligation to inquire about such buyer's qualifications for Qualified Buyer status.

That the initial base sales price of the Reserved Homes shall not exceed the sum of One Hundred Forty Two Thousand, Five Hundred and No/100 Dollars ($142,500.00) (the "Base Price").  The Base Price may not be increase, except by a factor not to exceed any increase in the U.S. Consumer Price Index (Base Year 2000) (the "CPI Increase").   Subject to the CPI Increase, the Base Price will be reduced to the sum of One Hundred Thirty Six Thousand, Three Hundred Twenty Five and No/100 Dollars ($136,325.00) for all Qualified Buyers who are represented by the Administrator, and who are not otherwise represented by a licensed real estate sales person or broker.

That, in order to ensure the future affordability of the Reserved Homes, each deed conveying title to a Reserved Home shall contain the following restrictions (or similar language as approved by the Town Manager):

If at any time during the Restriction Term (as hereinafter defined) Buyer wishes to offer the Unit for sale to a third party, such offer (the  "Offer") shall be at a price not exceeding the sum of the following:  (a) the purchase price Buyer paid for the Unit, plus (b) reasonable and customary closing costs, plus (c) documented capital improvements to the Unit not exceeding an aggregate cost of Two Thousand, Five Hundred and No/100 Dollars ($2,500.00) per annum during the period the Unit is owned by Buyer, plus (d) an increase thereof not greater than one hundred fifty percent (150%) of the U.S. Consumer Price Index from the date Buyer purchased the Unit through the proposed date of closing (the "Closing Date") on Buyer's sale of the Unit to a third party.  Before making the Offer to a third party, Buyer shall deliver to the Orange Community Housing Corporation and the Town of Chapel Hill, two copies each of a purchase contract embodying the terms of the Offer, signed by the Buyer, together with written notice of Buyer's intention to make the Offer embodied in the contract if the Offer is not accepted by the Orange Community Housing Corporation or the Town of Chapel Hill in accordance with the terms hereof.  The Orange Community Housing Corporation and the Town of Chapel Hill shall have ten (10) business days from receipt of the contract and such notice to accept the Offer embodied in the contract.  If the Orange Community Housing Corporation or the Town of Chapel Hill elects to accept the Offer, the Orange Community Housing Corporation or the Town of Chapel Hill must do so by signing one copy of the contract and returning it to Buyer within the ten (10) day period. If the Orange Community Housing Corporation or the Town of Chapel Hill does not accept the Offer embodied in the contract within the ten (10) day period, Buyer shall be free to sell the Unit to a third party on the same terms and conditions set form in the Offer.  The term of this restriction (the "Restriction Term") shall be twenty-five (25) years from the Closing Date.

[Bold identified changes from the language proposed by the applicant.]

That, if the sale of a Reserved Home is not closed within sixty (60) days after the Town issues a Certificate of Occupancy, such sale shall not be subject to the deed restriction.

We have included these conditions in Resolution A, the Manager’s revised recommendation.  We recommend including the Town of Chapel Hill along with the Orange Community Housing Corporation to allow the either entity to subsequently purchase one of the reserved units.

Recommendations

Advisory board recommendations are summarized below:

Planning Board Recommendation:  The Planning Board reviewed this application on December 7, 1999 and voted 8-0 to recommend that the Council approve the application with adoption of Resolution B. 

Transportation Board Recommendation:  The Transportation Board reviewed this application on December 7, 1999 and voted 5-1 to recommend that the Council approve the application with adoption of Resolution C. 

Bicycle and Pedestrian Advisory Board Recommendation:  The Bicycle and Pedestrian Advisory Board reviewed this application on December 14, 1999 and voted 6-1 to recommend that the Council approve the application with adoption of Resolution D. 

Community Design Commission Recommendation:  The Community Design Commission reviewed this application on December 15, 1999 and voted 10-0 to recommend that the Council approve the application with adoption of Resolution E. 

Parks and Recreation Commission Recommendation:  The Parks and Recreation Commission reviewed this application on December 8, 1999 and voted 8-0 to recommend that the Council approve the application with adoption of Resolution A.

Manager’s Revised Recommendation:  Based on the information in the record to date, we believe the Council could make the findings required to approve the permit if the site is rezoned to Residential-5-Conditional.  

We recommend that the Council adopt Resolution A, approving the application with conditions.  We note that we have added to Resolution A the conditions regarding the sales price of 18 of the dwelling units, as proposed by the applicant along with language ensuring the long-term affordability of these 18 reserved units with the provision of a right of first refusal clause for either Orange Community Housing Corporation or the Town of Chapel Hill and with the provision of  a limited appreciation rider.

Resolution B would approve the application with the Planning Board’s recommended conditions.

Resolution C would approve the application with the Transportation Board’s recommended conditions.

Resolution D would approve the application with the Bicycle and Pedestrian Advisory Board’s recommended conditions.

Resolution E would approve the application with the Community Design Commission’s recommended conditions.

Resolution F would deny the application.


DIFFERENCES AMONG RESOLUTIONS

 
ISSUE
RES. A

Manager’s Revised Recomm.
RES. B

Planning Board Recomm.
RES. C

Transp. Board Recomm.
RES. D

Bicycle/PedAdvisory Bd. Recomm.
RES. E

Comm. Design Comm. Recomm.

Bike lane along Sterling Drive from Sage to Eastowne

No

*

Yes

*

*

Crosswalks at all internal intersections

Yes

*

*

Yes

*

Lighting at bus stop and along sidewalk

No

*

*

Yes

*

Nature path lighting

(southern portion only)

*

*

Yes

*

Sidewalk along internal street

No

*

*

Yes

*

Speed limit sign

on private street

on

No

*

*

Yes

*

Sidewalks connecting buildings

Yes

Yes

Yes

Yes

*

Pedestrian access to compactor

Provided

*

*

Yes

*

Bicycle parking requirement

Yes

(general)

*

*

38  secured, covered,lighted spaces)

*

No more than two unrelated persons per unit

No

*

*

*

Yes

Centrally located green space

No

*

*

*

Yes

No parking spillover onto Sterling Drive

No

*

*

*

Yes
 
ISSUE
RES. A

Manager’s Revised Recomm.
RES. B

Planning Board Recomm.
RES. C

Transp. Board Recomm.
RES. D

Bicycle/PedAdvisory Bd. Recomm.
RES. E

Comm. Design Comm. Recomm.

Pedestrian connection to property to west

Yes

*

*

*

*

Play area for small children on the site

Yes

*

*

*

*

Authorization to allow porous pavement

Yes

*

*

*

*

Restriction of sales price of 18 units/affordability

Yes

*

*

*

*

 

* Not discussed during this advisory board’s review of the application.

 

Attachments

1.      Applicant’s Materials  (begin new page 1)

2.      April 24, 2000 Public Hearing Memorandum and Related Attachments  (begin new page 1)

RESOLUTION A

                                                                                                 (Manager’s Revised Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT – PLANNED DEVELOPMENT-HOUSING FOR THE PROVIDENCE GLEN CONDOMINIUMS (2000-05-08/R-12a)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application for a Planned Development-Housing proposed by The John R. McAdams Company, on property identified as Chapel Hill Township Tax Map 26, Lot 17L, if developed according to the site plan dated June 10, 1999 (revised December 1, 1999) and 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;

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 May 8, 2002 (two years from the date of Council approval) and be completed by May 8, 2006 (six years from the date of Council approval).

2.                  Land Use Intensity:  This Special Use Permit – Planned Development-Housing authorizes construction of 16 multi-family structures with a total of 192 dwelling units, 301,557 square feet of floor area and 383parking spaces.

3.                  Restriction of Sales Price of 18 Units/Affordability:  That the Developer shall identify and reserve no less than eighteen (18) units in the Providence Glen condominium project (collectively, the "Reserved Homes," and individually a "Reserved Home") for individuals or families with a gross income equal to one hundred percent (100%) or less of the Median Family Income of Chapel Hill, North Carolina (collectively, the "Qualified Buyers," and individually, a "Qualified Buyer").  Each Qualified Buyer shall deliver to the Developer written evidence, acknowledged in writing by the Administrator (Orange Community Housing Corporation), that such buyer qualifies as a Qualified Buyer.  The Developer shall have no further obligation to inquire about such buyer's qualifications for Qualified Buyer status.

That the base sales price of the Reserved Homes shall not exceed the sum of One Hundred Forty Two Thousand, Five Hundred and No/100 Dollars ($142,500.00) (the "Base Price").  The Base Price may not be increase, except by a factor not to exceed any increase in the U.S. Consumer Price Index (Base Year 2000) (the "CPI Increase").   Subject to the CPI Increase, the Base Price will be reduced to the sum of One Hundred Thirty Six Thousand, Three Hundred Twenty Five and No/100 Dollars ($136,325.00) for all Qualified Buyers who are represented by the Administrator, and who are not otherwise represented by a licensed real estate sales person or broker.

That, in order to ensure the future affordability of the Reserved Homes, each deed conveying title to a Reserved Home shall contain the following restrictions (or similar language as approved by the Town Manager):

If at any time during the Restriction Term (as hereinafter defined) Buyer wishes to offer the Unit for sale to a third party, such offer (the  "Offer") shall be at a price not exceeding the sum of the following:  (a) the purchase price Buyer paid for the Unit, plus (b) reasonable and customary closing costs, plus (c) documented capital improvements to the Unit not exceeding an aggregate cost of Two Thousand, Five Hundred and No/100 Dollars ($2,500.00) per annum during the period the Unit is owned by Buyer, plus (d) an increase thereof not greater than one hundred fifty percent (150%) of the U.S. Consumer Price Index from the date Buyer purchased the Unit through the proposed date of closing (the "Closing Date") on Buyer's sale of the Unit to a third party.  Before making the Offer to a third party, Buyer shall deliver to the Orange Community Housing Corporation and the Town of Chapel Hill, two copies each of a purchase contract embodying the terms of the Offer, signed by the Buyer, together with written notice of Buyer's intention to make the Offer embodied in the contract if the Offer is not accepted by the Orange Community Housing Corporation or the Town of Chapel Hill in accordance with the terms hereof.  The Orange Community Housing Corporation and the Town of Chapel Hill shall have ten (10) business days from receipt of the contract and such notice to accept the Offer embodied in the contract.  If the Orange Community Housing Corporation or the Town of Chapel Hill elects to accept the Offer, the Orange Community Housing Corporation or the Town of Chapel Hill must do so by signing one copy of the contract and returning it to Buyer within the ten (10) day period. If the Orange Community Housing Corporation or the Town of Chapel Hill does not accept the Offer embodied in the contract within the ten (10) day period, Buyer shall be free to sell the Unit to a third party on the same terms and conditions set form in the Offer.  The term of this restriction (the "Restriction Term") shall be twenty-five (25) years from the Closing Date.

That, if the sale of a Reserved Home is not closed within sixty (60) days after the Town issues a Certificate of Occupancy, such sale shall not be subject to the deed restriction.

4.                  Required Improvements:

A.                 Sterling Drive Sidewalk:  That a five-foot wide concrete sidewalk shall be constructed along the south side of Sterling Drive, between Sage Road and Eastowne Drive.

B.                 Bus Pull-off and Shelter:  That a bus pull-off and shelter shall be provided along the site’s Sterling Drive frontage.

C.                 Sterling Drive Paving:  That, prior to issuance of the first Certificate of Occupancy for the development, the construction of Sterling Drive between Sage Road and Eastowne Drive shall be completed.

D.                 Bicycle Parking:  That bicycle parking facilities shall be provided on the site.

E.                  Internal Sidewalk:  That a continuous sidewalk shall be provided to connect each of the buildings on the site.

F.                  Internal Crosswalks:  That crosswalks shall be added at all internal intersections of the development.

G.                 Pedestrian Connection to Adjacent Property:  That a pedestrian connection shall be provided between this site and the adjacent property to the west, at a location to be approved by the Town Manager during the Final Plans stage of the development.

H.                 Pervious Pavement:  That some or all of the drive aisles, parking spaces, and/or sidewalks may be constructed of pervious pavement if the material, construction and design are approved by the Town Manager.

I.                    Play Area:  That a play area for small children shall be provided on the site, to be approved by the Town Manager during the Final Plans stage of the development.

Stipulations Related to Landscape Elements

5.                  Landscape Plan Approval:  That a detailed Landscape Plan and Landscape Maintenance Plan and shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 

6.                  Landscape Protection Plan:  That a detailed Landscape Protection Plan shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.   

7.                  Landscape Bufferyards:  That the following landscape bufferyards shall be provided, and that if any existing vegetation is to be used to satisfy the buffer requirements, the vegetation shall be protected by fencing from adjacent construction:

¨                  Type C landscape bufferyard (minimum width 20 feet) along Sterling Drive and the southern property line; and

¨                  Type B landscape bufferyard (minimum width 10 feet) along the eastern and western property lines.

8.                  Existing Trees:  That the Town Manager shall approve the sizes of the tree save areas prior to issuance of a Zoning Compliance Permit.

9.                  Sediment Basin:  That the Town Manager shall approve the plans for grading and landscaping in the area of the proposed temporary sediment basin between building 12 and the western entrance.

Stipulations Related to Utilities

10.              Utility/Lighting Plan Approval: That the final utility/lighting plan be approved by Orange Water and Sewer Authority, Duke Power Company, Public Service Company, the local telephone company and the Town Manager before issuance of a Zoning Compliance Permit. 

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

Stipulations Related to Refuse and Recycling Collection

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

13.              Refuse/Recycling Facilities:  That all refuse and recycling facilities shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

14.              Refuse Compactor:  That the proposed refuse compactor shall be privately serviced.

15.              Heavy-Duty Paving:  That the refuse and recycling collection vehicle access routes shall be paved with all-weather, heavy-duty pavement.

Stipulations Related to Recreation Space

16.              Recreation Space:  That a minimum of 49,642square feet of recreation space shall be provided on the site.

17.              Nature Path Location:  That the final location of the nature path shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 

18.              Nature Path Surface:  That the portion of the nature path, between the southernmost parking area and the southern property line, be constructed of either Chapel Hill gravel or an all-weather surface.  The Town Manager shall approve the path surface prior to issuance of a Zoning Compliance Permit.  This portion of the path shall be lighted.

19.              Nature Path Easement:  That the 20-foot wide public use easement along the nature path shall be identified on the final plat, to be recorded at the Orange County Register of Deeds office prior to issuance of a Zoning Compliance Permit.

Miscellaneous Stipulations

20.              Stormwater Management Plan: 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 where and how stormwater detention for this sitewill be achieved.

21.              Community Design Commission Approval:  That the Community Design Commission shall approve the building elevations, the orientation of the buildings to each other and the drives, and the site lighting plan prior to issuance of a Zoning compliance Permit.

22.              Certificates of Occupancy:  That no Certificates of Occupancy shall be issued until all required public improvements are complete, 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; and 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.  A note to this effect shall be placed on the final plat.

23.              Detailed Plans:  That the final detailed site plan, grading plan, utility/lighting plans, stormwater management plan (with hydraulic calculations), and landscape plans shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit, and that such plans shall conform to the plans approved by this application and demonstrate compliance with all applicable conditions and design standards of the Development Ordinance and Design Manual.

24.              Erosion Control:  That a soil erosion and sedimentation control plan, including provisions for maintenance of facilities and modifications of the plan if necessary, be approved by the Orange County Erosion Control Officer, and that a copy of the approval be provided to the Town Manager prior to issuance of a Zoning Compliance Permit.

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

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

27.              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 telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit.

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

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

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit – Planned Development-Housing for the Providence Glen Condominiums.

This the 8th day of May, 2000.

RESOLUTION B

                                                                                                       (Planning Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT – PLANNED DEVELOPMENT-HOUSING FOR THE PROVIDENCE GLEN CONDOMINIUMS (2000-05-08/R-12b)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application for a Planned Development-Housing proposed by The John R. McAdams Company, on property identified as Chapel Hill Township Tax Map 26, Lot 17L, if developed according to the site plan dated June 10, 1999 (revised December 1, 1999) and 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;

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:

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

2.                  Deletion of Stipulation #3 of Resolution A which requires Restriction of Sales Price of 18 Dwelling Units.

3.                  Required Improvements:

A.                 Deletion of Stipulations #4F, 4G, 4H and 4I. 

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit – Planned Development-Housing for the Providence Glen Condominiums.

This the 8th day of May, 2000.

RESOLUTION C

                                                                                              (Transportation Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT – PLANNED DEVELOPMENT-HOUSING FOR THE PROVIDENCE GLEN CONDOMINIUMS (2000-05-08/R-12c)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application for a Planned Development-Housing proposed by The John R. McAdams Company, on property identified as Chapel Hill Township Tax Map 26, Lot 17L, if developed according to the site plan dated June 10, 1999 (revised December 1, 1999) and 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;

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:

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

2.                   Deletion of Stipulation #3 of Resolution A which requires Restriction of Sales Price of 18 Dwelling Units.

3.                  Required Improvements:

A.                 Deletion of Stipulations #4F, 4G, 4H and 4I. 

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit – Planned Development-Housing for the Providence Glen Condominiums.

This the 8th day of May, 2000.

RESOLUTION D

                                                                   (Bicycle and Pedestrian Advisory Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT – PLANNED DEVELOPMENT-HOUSING FOR THE PROVIDENCE GLEN CONDOMINIUMS (2000-05-08/R-12d)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application for a Planned Development-Housing proposed by The John R. McAdams Company, on property identified as Chapel Hill Township Tax Map 26, Lot 17L, if developed according to the site plan dated June 10, 1999 (revised December 1, 1999) and 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;

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:

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

2.                  Deletion of Stipulation #3 of Resolution A which requires Restriction of Sales Price of 18 Dwelling Units.

3.                  Required Improvements:

A.                 Deletion of Stipulations # 4G, 4H and 4I. 

Bicycle and Pedestrian Advisory Board Stipulations

4.                  Internal Crosswalks:  That crosswalks shall be added at all internal intersections of the development.

5.                  Sterling Drive Crosswalk:  That a crosswalk shall be added across Sterling Drive from Providence Glen to the Sterling Ridge Apartments site.

6.                  Bus Stop Lighting:  That lighting shall be provided at the bus stop/shelter on Sterling Drive, as well as along the sidewalk leading to the bus stop.

7.                  Nature Path Lighting:  That lighting shall be installed along the nature path connecting Providence Glen to the Lowe’s site to provide a safe, secure transportation route for pedestrians.

8.                  Sidewalk Construction:  That a sidewalk shall be constructed on the north side of internal Street A to complete the sidewalk network from one intersection with Sterling Drive to the other.

9.                  Speed Limit:  That a speed limit sign shall be posted, indicating a 15 mph speed within the development.

10.              Refuse Facility Access:  That pedestrian access shall be provided to the refuse compactor.

11.              Bicycle Storage:  That secure, accessible, covered bicycle storage facilities shall be provided to accommodate

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit – Planned Development-Housing for the Providence Glen Condominiums.

This the 8th day of May, 2000.

RESOLUTION E

                                                                              (Community Design Commission Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT – PLANNED DEVELOPMENT-HOUSING FOR THE PROVIDENCE GLEN CONDOMINIUMS (2000-05-08/R-12e)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application for a Planned Development-Housing proposed by The John R. McAdams Company, on property identified as Chapel Hill Township Tax Map 26, Lot 17L, if developed according to the site plan dated June 10, 1999 (revised December 1, 1999) and 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;

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:

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

2.                  Deletion of Stipulation #3 of Resolution A which requires Restriction of Sales Price of 18 Dwelling Units.

3.                  Required Improvements:

A.                 Deletion of Stipulations #4D, 4E, 4F, 4G, 4H and 4I. 

Community Design Commission Stipulations

4.                  Restrictive Covenants:  That the restrictive covenants for this development shall limit the occupancy of each unit to no more than two unrelated persons per bedroom.

5.                  Green Space:  That a more centrally located green space shall be provided on the site.

6.                  Parking:  That steps shall be taken to eliminate the possibility of parking spillover onto Sterling Drive.

BE IT FURTHER RESOLVED that the Council hereby approves the application for a Special Use Permit – Planned Development-Housing for the Providence Glen Condominiums.

This the 8th day of May, 2000.

RESOLUTION F

(Denying the Application)

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT – PLANNED DEVELOPMENT-HOUSING FOR THE PROVIDENCE GLEN CONDOMINIUMS (2000-05-08/R-12f)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit – Planned Development-Housing application proposed by The John R. McAdams Company, on property identified as Chapel Hill Township Tax Map 26, Lot 17L, if developed according to the site plan dated June 10, 1999 (revised December 1, 1999) and the 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)

BE IT FURTHER RESOLVED that the Council hereby denies the application for a Special Use Permit – Planned Development-Housing for the Providence Glen Condominiums.

This the 8th day of May, 2000.