AGENDA #4

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

SUBJECT:       Public Hearing:  First Baptist Manley Estates Apartments for the Elderly –Application for Special Use Permit

DATE:             May 15, 2000

INTRODUCTION

An application has been filed by Rev. John R. Manley, on behalf of the First Baptist Church of Chapel Hill, seeking approval of a Special Use Permit to authorize the construction of 40 apartments for very low-income elderly residents. The proposal would include one apartment for a resident manager and 20 parking spaces on 6 acres.  The housing would qualify for federal Housing and Urban Development (HUD) Section 202 funding.  The site is located on the southeast side of Merritt Mill Road, across from the Lincoln Center.  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.

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 preliminary recommendation to the Council.

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

CONTIGUOUS PROPERTY

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

That the use of 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 the hearing this evening the Council discuss and determine by vote what should be considered contiguous property for this application.  The attached Resolution F provides a format for determining the definition of contiguous property for this application.

Description of the Application

The 6-acre site is located on the southeast side of Merritt Mill Road, across from the Lincoln Center.  The site is bordered on the north by a 3-acre residentially zoned property fronting on Park Road; on the east by Laurel Ridge Apartments; on the south by NC Highway 54; and on the west by Merritt Mill Road.  The site is located in the Residential-3 (R-3) zoning district. 

Existing Conditions:  The site is on the southeast side of Merritt Mill Road, just across from the Lincoln Center.  The boot-shaped property has frontage on Merritt Mill Road (at the “heel”) and on NC Highway 54 (at the “top”).  Near the center of the “foot” is the crest of a small hill (elevation 444 feet), from which drainage flows in all directions.  Drainage is concentrated at a low point (elevation 368 feet) at the highway frontage.  The site is wooded with second-growth pines and hardwoods.  Most of the site is gently sloping (10-15%), with small pockets of steeper slopes.

An old roadbed for Trimble Road bisects the site.  No public right-of-way is associated with this roadbed. 

There is no Resource Conservation District on the site.  However, the entire site is within the Watershed Protection District.

Development Description:  The proposal calls for construction of 41 dwelling units (totaling 36,995 square feet of floor area) for low-income elderly residents, with 20 parking spaces.  Vehicular access would be from Merritt Mill Road. 

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, which discusses intensity standards, access and circulation, parking, traffic impact, 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.

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 that is 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 each of four required findings for the approval of a Special Use Permit.  The four findings are:

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 each of the four 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 one or more of the findings, then the application cannot be approved and, accordingly, should be denied by the Council.

Summary of Comments

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

·        That the use of this development be restricted to housing for low-income elderly residents;

• That the applicant shall provide pedestrian walks in several locations along the Merritt Mill Road frontage and throughout the site;

·        For the Type “B” buffer proposed along the northern property line, a permanent landscape easement on the adjacent property shall be recorded prior to issuance of a Zoning Compliance Permit;

In addition, we believe the Town Council could make the necessary findings to require fewer parking spaces than would be required in a typical apartment complex, because of the low-income and elderly status of the residents.  (Please see the Parking Section of the attached Planning Staff Report.)

The Manager’s recommendation incorporates input from Town departments involved in review of the application.

SUBSEQUENT REGULATORY STEPS

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

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

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

¨      Orange County Erosion Control Officer,

¨      Orange Water and Sewer Authority,

¨      Duke Power Company,

¨      Public Service Company,

¨      Time Warner Cable, and

¨      BellSouth.

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

4.      Final Plat, including dedication of a landscape buffer easement on adjacent property, is reviewed and approved by Town staff.  Plat is recorded at the Orange County Register of Deeds office.

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

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

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

Recommendations

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

Planning Board Recommendation:  The Planning Board reviewed this application on May 2, 2000 and voted 9-0 to recommend that the Council approve the application with adoption of Resolution B, which includes a stipulation calling for improvement of the Trimble Road roadbed, if funding allows.  Please see the attached Summary of Planning Board Action.

Transportation Board Recommendation:  The Transportation Board reviewed this application on May 16, 2000.  The Transportation Board’s recommendation will be available at the public hearing.

Community Design Commission Recommendation:  The Community Design Commission reviewed this application on April 26, 2000, and voted 8-0 to recommend that the Council approve the application with adoption of Resolution A.  Please see the attached Summary of Community Design Commission Action.

Parks and Recreation Commission Recommendation:  The Parks and Recreation Commission met to review this application on April 19, 2000 and recommended the following:

• The paths around the building and to the gazebo should be paved or concrete to allow wheelchair use;
• The path on Trimble Road should be graded and improved with Chapel Hill gravel or other suitable surface;
• The garden plots should be identified on the plans, accessible for wheelchair-bound people, built with raised beds, have a nearby source of water, and have a convenient tool storage area;
• The portion of the path system required to access the building not be counted as recreation area; and
• That active outdoor space be provided, such as for bocce ball or croquet.

These stipulations have been included in Resolution C.  Please see the attached Summary of Parks and Recreation Commission Action. 

Bicycle and Pedestrian Advisory Board Recommendation:  The Bicycle and Pedestrian Advisory Board reviewed this application on May 9, 2000.  Its recommendation will be distributed as soon as it is available.

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.

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 four required findings for approval of a Special Use Permit, we recommend that the application be approved with adoption of Resoluation A.

Resolution E would deny the application.

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

DIFFERENCES AMONG RESOLUTIONS

Attachments

A.           Planning Staff Report  (p. 8)

B.           Checklist of Project Fact Sheet Requirements  (p. 16)

C.           Resolution A – Approving the Application  (p. 17)

D.           Resolution B – Approving the Application  (p. 23)

E.            Resolution C – Approving the Application  (p. 25)

F.            Resolution D – Approving the Application (p. 27)

G.           Resolution E – Denying the Application  (p. 29)

H.           Resolution F – Defining Contiguous Property for this Application  (p. 30)

I.              Summary of Planning Board Action  (p. 31)

J.             Summary of Parks and Recreation Commission Action (p. 32)

K.          Summary of Community Design Commission Action  (p. 33)

L.            Applicant’s Statement of Justification  (p. 34)

M.         Project Fact Sheet for 20 parking space scenario (p. 38)

N.          Project Fact Sheet for 62 parking space scenario (p. 41)

O.          Traffic Impact Analysis (p.44)

P.            Summary Map (p. 48)

Q.          Reduced Plans  (p. 49)

R.           Photographs (p. 64)

ATTACHMENT A

Planning Staff Report

SUBJECT:       Public Hearing:  First Baptist and Manley Estates Apartments for the Elderly - Special Use Permit Application (File No. 90-A-6)

DATE:             May 15, 2000

INTRODUCTION

We have received an application for a Special Use Permit for construction of a Planned Development – Housing with 41 apartment units and 20 parking spaces on 6 acres in the Residential-3 (R-3) zoning district.  The proposed development is a HUD Section 202 elderly development intended for occupancy by low-income, elderly residents.

BACKGROUND

The subject site is part of a 9-acre lot fronting on Park Road, Merritt Mill Road, and NC Highway 54.  The applicant has indicated his intent to subdivide the property into two lots, one into 6 acres fronting on Merritt Mill Road, and the other into 3 acres fronting primarily on Park Road.  The proposed development would occur on the 6-acre lot fronting on Merritt Mill Road and NC Highway 54. 

We note that on January 24, 2000, the Town Council approved expedited review of the First Baptist and Manley Estates Special Use Permit application.

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 on the southeast side of Merritt Mill Road, just across from the Lincoln Center.  The boot-shaped property has frontage on Merritt Mill Road (at the “heel”) and on NC Highway 54 (at the “top”).  Near the center of the “foot” is the crest of a small hill (elevation 444 feet), from which drainage flows in all directions.  Drainage is concentrated at a low point (elevation 368 feet) at the highway frontage.  The site is wooded with second-growth pines and hardwoods.  Most of the site is gently sloping (10-15%), with small pockets of steeper slopes.

An old roadbed for Trimble Road bisects the site.  No public right-of-way is associated with this roadbed. 

There is no Resource Conservation District on the site.  However, the entire site is within the Watershed Protection District.

Development Description:  The proposal calls for construction of 41 dwelling units, totaling 36,995 square feet of floor area, with 20 parking spaces.  Vehicular access would be from Merritt Mill Road. 

Intensity Standards:  The applicant’s Fact Sheet indicates that the proposal would meet all land use intensity standards for the Residential-3 zoning district.  The maximum floor area for a Planned Development–Housing on this site would be 44,605 square feet.  The applicant proposes 36,995 square feet of floor area.                        

The proposal would result in impervious surfaces for about 14% of the site.

Land Use:  The applicant has indicated that restrictions have been written into the funding agreements with Housing and Urban Development (HUD) such that for 40 years the use of the property is restricted to low-income elderly housing.  We recommend that the terms of this Special Use Permit restrict the use to low-income housing for the elderly.  We have included in all resolutions of approval a stipulation to this effect.

Recreation Space:  A minimum of 8,810 square feet of recreation space is required for this Planned Development-Housing.  The applicant is proposing indoor activity rooms, porches, a gazebo, walking paths, and garden plots totaling 11,684 square feet to fulfill this requirement.  The Parks and Recreation Commission reviewed the proposal on April 19, 2000 and recommended the following:

• The paths around the building and to the gazebo should be paved or concrete to allow wheelchair use;
• The path on Trimble Road should be graded and improved with Chapel Hill gravel or other suitable surface;
• The garden plots should be identified on the plans, accessible for wheelchair-bound people, built with raised beds, have a nearby source of water, and have a convenient tool storage area;
• The portion of the path system required to access the building not be counted as recreation area; and
• That active outdoor space be provided, such as for bocce ball or croquet.

At the Planning Board meeting, the applicant raised concerns about funding for the development, proposing that the Trimble Road path be improved only if funding allowed.  The Planning Board recommended that the “if funding allowed” clause be added to the stipulation regarding this particular improvement.  Resolution B, recommended by the Planning Board, includes the funding clause.  Resolution C represents the Parks and Recreation Commission recommendation.

In considering the applicant’s concerns about resident safety, we do not recommend formalizing a pedestrian path along the old roadbed.  We have not included Trimble Road path improvements in Resolution A.

All resolutions of approval include a stipulation calling for the recreation space details to be reviewed for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.

Access and Circulation:  Vehicular access would be provided via a two-way median-divided access point off Merritt Mill Road.  Entering traffic would travel around a loop with a drop-off area in front of the building.  Short rows of parking spaces would extend off the loop. 

We recommend that along the refuse/recycling service vehicle routes, heavy-duty pavement, with an 8” base course, be installed.

Pedestrian access would be provided in the following locations:

• A combination of existing and new sidewalk along the Merritt Mill Road frontage;
• Along one side of the entrance drive;
• From the loop drive to the building;
• On all sides of the building; and
• From the building to the proposed gazebo nearby.

We are concerned that some of the proposed internal sidewalks may not meet ADA standards.  In all resolutions of approval, we have included a stipulation calling for compliance with ADA regulations and standards.

In addition, the applicant proposes a pedestrian trail along an old roadbed bisecting the site.  Early in the review of this project, we recommended that pedestrian access be provided to the southeastern property line, near the adjacent Laurel Ridge Apartments.  The applicant expressed concerns about security for the elderly residents and requested that we reconsider our recommendation.  We believe that in its existing state, the old road bed could serve as a formal or informal pedestrian connection from the southeast property line to Merritt Mill Road.  We agree that to formalize this connection and invite more pedestrians onto this site with a vulnerable population might be undesirable.  On balance, we believe the proposed pedestrian network is adequate to facilitate good pedestrian access to and through the site.

The two closest bus stops are located on Merritt Mill Road.  One, near Locust Court, is about 1,400 feet north of the proposed driveway to Manley Estates.  The other, across from the westernmost entrance to Lincoln Center, is about 350 feet to the south.

Parking:  For multi-family development, the Development Ordinance requires at least 1.5 spaces per 1 or 2 bedroom apartment.  For a project with 41 apartments, a minimum of 62 parking spaces would ordinarily be required.  The applicant has stated in the attached Statement of Justification that parking needs for apartments for the low-income elderly are much lower than for a typical apartment complex.  The rate of car ownership is lower for the low-income elderly, and many residents are unable to drive.  The applicant indicates that his experience with similar developments leads him to believe the parking needs for the residents will be low, and the parking must be provided primarily for the resident manager, visitors, and service providers.  We believe that for this particular development, 20 parking spaces would be reasonable.

Subsection 14.6.7 permits the minimum number of parking spaces required for elderly or handicapped dwellings to be reduced to 1 space per 2 dwelling units if the Town Council finds that (1) reasonable assurances exist that the dwelling units served by the parking spaces will be maintained for occupancy by the elderly or handicapped, and/or (2) that sufficient livability space exists on the property to ensure that, should the units be converted to another form of occupancy or use, sufficient parking can be provided on the site to satisfy the parking requirements of the new use without violating the land use intensities of Section 13.11.

The applicant states that HUD, as co-developer of this project, requires restrictive covenants and other legal assurances that for at least 40 years, the dwelling units will be occupied by elderly, low-income residents.   We believe this HUD requirement, along with a stipulation included in all resolutions of approval, would provide reasonable assurance of use by elderly residents, and that the Town Council could reasonably make the first finding described above.

The applicant further states that there is sufficient livability space on the site, whether 20 parking spaces or 62 spaces are provided.  Please see the attached materials from the applicant, including a sketch showing where additional parking would be provided upon the property’s change of use.  Project Fact Sheets for both scenarios are also provided, showing sufficient livability space in each case. We believe the Town Council could reasonably make the second finding as well. 

Should the Council make one or both of the two above-described findings, we recommend that 20 parking spaces be provided initially.  We further recommend that, should the need for more parking arise, the applicant be able to, with Town Manager approval, add up to 20 additional spaces.  We have included in Resolution A a stipulation which would allow for administrative approval of up to 20 additional parking spaces.  The stipulation also calls for approval of the layout for the parking expansion to be approved by the Town Manager prior to issuance of the first Zoning Compliance Permit.

However, should the Council not make the above-described findings, the applicant has provided a sketch attached to the Project Fact Sheet which shows the 62 parking space layout.  The 62 space plan includes 10 additional parking spaces off the southern end of the parking circle.  In addition, thirty-one additional parking spaces are shown on either side of the entrance drive, between the parking circle and Merritt Mill Road.  We do not recommend the proposed 62 space parking configuration because of the impact on the vegetation between the building and Merritt Mill Road.  Please see the section below on Landscaping and Tree Protection.  We recommend that, if additional parking spaces are required, the parking circle west of the building be enlarged and reconfigured to accommodate additional parking.

Early in the review, that applicant indicated that some overflow parking may occur as parallel parking in the access loop near the front of the building.  We believe that such overflow parking would compromise emergency vehicle access to the building.  We have included a stipulation in all resolutions of approval calling for the circular drive to be striped and signed for “no parking.”

Traffic Impact:  The applicant’s Traffic Impact Analysis indicates that for a multi-family housing development of this size, for the elderly, there would be an average of 139 trips in and out of the site.  The analysis predicts that for the weekday a.m. peak hour, 2 trips in and 1 trip out would be generated.  For the p.m. peak hour, 2 trips in and 2 trips out would occur.  We believe the applicant’s Traffic Impact Analysis is acceptable and agree that traffic impact will be minimal.  We have not recommended any transportation-related public improvements other than continuation of existing sidewalk on the southeast side of Merritt Mill Road. 

Building Location and Elevations:  The proposal calls for a three-story building with 41 apartments at the northeast edge of the site.  The Community Design Commission reviewed the concept plan for this project and suggested that the building be rotated, which the applicant has included in this version of the plans.

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. This stipulation is included in all resolutions of approval.

Buffers and Landscaping:  The following landscape buffers are required by the Development Ordinance:

·        Type “C” buffer (minimum width 20 feet) along the Merritt Mill Road frontage;

·        Type “D” buffer (minimum width 30 feet) along the NC 54 frontage; and

·        Type “B” buffer (minimum width 10 feet) along the remaining property lines.

The applicant is proposing the following landscape buffers:

·        Type “C” buffer, 20 feet wide, along the Merritt Mill Road frontage;

·        Type “D” buffer, 30 feet wide, along the NC 54 frontage; and

·        Type “B” buffer, 10 feet wide, along the remaining property lines.

We note that the Type “B” buffer proposed along the northern property line is proposed on adjacent property, also owned by this developer.  We recommend that a permanent landscape easement on the adjacent property be recorded prior to issuance of a Zoning Compliance Permit, to ensure this landscape buffer is permanently provided, regardless of who owns the adjacent property in the future.

The site has tree canopy of second growth pines and hardwoods, with most of the large trees covering the slopes to the east and southwest of the proposed building site.  We understand that the applicant proposes to use predominantly existing vegetation to fulfill the landscape buffer requirements.  We recommend that the landscape buffer plan be reviewed for approval by the Town Manager prior to issuance of a Zoning Compliance Permit. 

The applicant also proposes new plantings in the entrance drive median and 3 sawtooth oaks behind the building.

In addition, screening and shading of parking lots are required.  Under the 20-parking space scenario, the entrance drive is curved, with the internal circular drive and the parking areas offset from the entrance drive.  In addition, a 60-foot width of existing vegetation will help to screen the parking areas from Merritt Mill Road.  Proposed plantings of shade trees at the parking area perimeters would provide shading.

We have not received a detailed plan showing parking lot screening and shading for the 62-parking space scenario, and thus cannot provide an evaluation of that plan.

The applicant indicates that under the 20-parking space scenario, trees will be preserved between the building and Merritt Mill Road, and on the slopes to the east and southwest of the building.  If additional parking spaces are required, additional tree clearing will be necessary.  We recommend that if additional parking is required or added later, the proposed parking circle be enlarged and reconfigured to accommodate more cars near the building, rather than clearing and providing parking close to Merritt Mill Road.

We recommend that a detailed Landscape Protection Plan be developed for this project, to be reviewed and approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

The applicant proposes to “enhance the view over the Morgan Creek Valley from the vantage point of the Gazebo Overlook,” the gazebo being near the southwestern corner of the building and the “valley” being near NC Highway 54.  This could be accomplished with some level of clearing of existing vegetation.  We are concerned about unrestricted clearing of trees and understory on the southern slopes.  We recommend that the applicant submit a selective clearing plan to the Town Manager for approval prior to initiation of any vegetation clearing in this area.

The above described landscape-related stipulations are included in all resolutions of approval.

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.

Stormwater Management:  Part of the drainage from the parking lot would flow to a catch basin at the driveway and would be piped under Merritt Mill Road to an existing storm sewer system.   Other stormwater would flow to the western side of the parking lot and to a detention pond near the southwestern property line.   Additional stormwater would drain to a second detention pond about 60 feet south of the proposed building.

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.  We have included these stipulations in all resolutions of approval.

Watershed Protection District:  As with all applications for development within the Watershed Protection 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 applicant notes that about 14% of the site would be covered in impervious surface under the current proposal.  With 42 additional parking spaces, the applicant indicates that just under 19% of the site would be covered in impervious surface.  Below 24% impervious surface would meet the criteria for the Low Density Option, and therefore no on-site retention would be required.

We have included several stipulations regarding stormwater, as well as our standard stipulation that a Stormwater Management Plan be approved for this development prior to issuance of a Zoning Compliance Permit.

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 if bioretention methods would not represent additional costs for this federally funded project, they could be incorporated into the plan.  The applicant has asked our Engineering Department to assist with cost estimates.  If bioretention methods are incorporated, we recommend that the bioretention facilities be maintained by the property owner.

Solid Waste Management:   A recycling area and refuse dumpsters would be provided at the southwestern corner of the building.  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 this stipulation 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, Public Service Company, Time Warner Cable, and the Town Manager prior to issuance of a Zoning Compliance Permit.  We have included this stipulation in all resolutions of approval.

Fire Safety:   We have included our standard stipulation 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.  We recommend that the fire hydrant connections be installed in easily visible and accessible locations to be approved by the Town Manager.  In addition, the applicant proposes to provide a sprinkler system for fire suppression.  These fire-related stipulations have been included in all resolutions of approval.

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 of failed or failing soil erosion and sedimentation generated by the land-disturbing activities.  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 this stipulation in all resolutions of approval.

Special Use Permit Findings:  For approval of a special Use Permit, the Council must make the following findings, as set forth in Section 18.2 of the Development Ordinance:

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

(b)               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;

(c)                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

(d)               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.

Upon review of the application and information that has been submitted to date, our preliminary recommendation is that these findings can be made.

CONCLUSION

We believe that the proposal, with conditions in Resolution A, B, C, or D, meets the requirements of the Development Ordinance and the standards in the Design Manual, and that the proposal is generally in accordance with the Comprehensive Plan.

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

Resolution E would deny the application.

ATTACHMENT B

PROJECT FACT SHEET REQUIREMENTS

Check List of Regulations and Standards

Special Use Permit Application

N/A = Not Applicable                                                                      Prepared: May 2, 2000

ATTACHMENT C

RESOLUTION A

(Community Design Commission’s,

 and Manager’s Preliminary Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE FIRST BAPTIST AND MANLEY ESTATES APARTMENTS FOR THE ELDERLY (SUP 90.A.6)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by the Rev. John R. Manley, on property identified as Chapel Hill Township Tax Map 90, Block A, Lot 6, if developed according to the plans dated February 3, 2000 (revised April 5, 2000) 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 the Town Council finds that:

1.         Reasonable assurances exist that the dwelling units served by the parking spaces will be maintained for occupancy by the elderly or handicapped; and/or

2.         That sufficient livability space exists on the property to ensure that, should the units be converted to another form of occupancy or use, sufficient parking can be provided on the site to satisfy the parking requirements of the new use without violating the land use intensities of Section 13.11.

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 ____________ (three years from the date of Council approval).

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

·        One building, with a maximum of 36,995 square feet of floor area, and 41 residential dwelling units;

·        A minimum of 8,810 square feet of recreation space; and

·        A minimum of 20 parking spaces (in accordance with Section 14.6.7 of the Development Ordinance and the finding(s) made by the Town Council).

3.         Land Use:  That the use of this development be restricted to housing for low-income elderly residents.

4.         Compliance with Federal Requirements:  That the development remain in compliance with the Federal Department of Housing and Urban Development requirements and the Americans with Disabilities Act requirements.

5.         Recreation Space:  That the proposed indoor and outdoor recreation areas meet the Town’s standards for planned development-housing recreation space, and that the details be reviewed for approval by the Town Manager prior to issuance of a Zoning Compliance Permit.  The following features shall be included in the recreation area plan:

·        The paths around the building and to the gazebo shall be paved or concrete to allow wheelchair use;

·        The garden plots shall be identified on the plans, accessible for wheelchair-bound people, built with raised beds, have a nearby source of water, and have a convenient tool storage area;

·        The portion of the path system required to access the building shall not be counted as recreation area; and

·        That active outdoor space shall be provided, such as for bocce ball or croquet.

The recreation area details shall be reviewed for approval by the Town Manager prior to issuance of a Zoning Compliance Permit

6.         Sidewalks:  That the applicant shall provide pedestrian walks in the following locations:

·        New sidewalk connecting to existing sidewalk such that there is continuous sidewalk along the Merritt Mill Road frontage;

·        Sidewalk along one side of the entrance drive;

·        Sidewalk from the loop drive to the building;

·        Sidewalk on all sides of the building; and

·        Sidewalk from the building to the proposed gazebo.

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

8.         Heavy Duty Pavement:  That along the refuse/recycling service vehicle routes, heavy duty pavement, with a 8” base course, be installed.

9.         Parking Prohibition on Circular Drive:  That the circular drive aisle shall be striped and signed for “no parking”.

10.       Parking:

A.           That at least 20 parking spaces be provided with initial development.

B.           That up to 20 parking spaces may be added with Town Manager approval.

C.           That the parking lot layouts for 20 parking spaces and 40 parking spaces be submitted for approval by the Town Manager prior to issuance of the first Zoning Compliance Permit associated with building construction.   

D.   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.

E.    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.

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

11.       Recordation of a Subdivision Plat:  That a minor subdivision plat be reviewed for approval by the Town Manager and recorded in Orange County prior to issuance of a Zoning Compliance Permit.

12.       Dedication of Sight Triangle Easements:  That sight triangle easements, if required by NCDOT or the Town, be dedicated prior to the issuance of a Zoning Compliance Permit.

Stipulations Related to Landscape Elements

13.       Landscape Protection Plan:  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.

14.       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.

C. That if the applicant proposes clearing of vegetation beyond what is currently shown on the plans, the applicant shall develop and submit a selective clearing plan to the Town Manager for approval prior to initiation of any vegetation clearing.

15.       Landscape Buffers:  That the following landscape buffers be provided:

·        Type “C” buffer, 20 feet wide, along the Merritt Mill Road frontage;

·        Type “D” buffer, 30 feet wide, along the NC 54 frontage; and

·        Type “B” buffer, 10 feet wide, along the remaining property lines.

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.

For the Type “B” buffer proposed along the northern property line, a permanent landscape easement on the adjacent property shall be recorded prior to issuance of a Zoning Compliance Permit.

Stipulations Related to Building Elevations

16.      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

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

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

19.       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.

20.       Fire Sprinkler:  That a fire suppression sprinkler system shall be provided for the building.

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

Miscellaneous Stipulations

22.       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.

C.   If bioretention methods are incorporated, the bioretention facilities shall be maintained by the property owner.

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

24.       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.

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

26.       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.

27.       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.

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

29.       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.

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

31.       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 First Baptist and Manley Estates Apartments for the Elderly.

This the _________ day of _______________, 2000.

ATTACHMENT D

RESOLUTION B

(Planning Board’s Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE FIRST BAPTIST AND MANLEY ESTATES APARTMENTS FOR THE ELDERLY (SUP 90.A.6)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by the Rev. John R. Manley, on property identified as Chapel Hill Township Tax Map 90, Block A, Lot 6, if developed according to the plans dated February 3, 2000 (revised April 5, 2000) 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 the Town Council finds that:

1.         Reasonable assurances exist that the dwelling units served by the parking spaces will be maintained for occupancy by the elderly or handicapped; and/or

2.         That sufficient livability space exists on the property to ensure that, should the units be converted to another form of occupancy or use, sufficient parking can be provided on the site to satisfy the parking requirements of the new use without violating the land use intensities of Section 13.11.

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 those stipulations below.

2.         The path on Trimble Road shall be graded and improved with Chapel Hill gravel or other surface approved by the Town Manager, if funding allows.

3.         A parking lot layout for 20 parking spaces must be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

4.         No special provisions for Town Manager approval of additional parking spaces, other than those provided in the Development Ordinance.

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 First Baptist and Manley Estates Apartments for the Elderly.

This the _________ day of _______________, 2000.

ATTACHMENT E

RESOLUTION C

(Parks and Recreation Commission’s Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE FIRST BAPTIST AND MANLEY ESTATES APARTMENTS FOR THE ELDERLY (SUP 90.A.6)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by the Rev. John R. Manley, on property identified as Chapel Hill Township Tax Map 90, Block A, Lot 6, if developed according to the plans dated February 3, 2000 (revised April 5, 2000) 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 the Town Council finds that:

1.     Reasonable assurances exist that the dwelling units served by the parking spaces will be maintained for occupancy by the elderly or handicapped; and/or

2.  That sufficient livability space exists on the property to ensure that, should the units be converted to another form of occupancy or use, sufficient parking can be provided on the site to satisfy the parking requirements of the new use without violating the land use intensities of Section 13.11.

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 those stipulations below.

2.    The path on Trimble Road shall be graded and improved with Chapel Hill gravel or other surface approved by the Town Manager.

3.    A parking lot layout for 20 parking spaces must be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

4.    No special provisions for Town Manager approval of additional parking spaces, other than those provided in the Development Ordinance.

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 First Baptist and Manley Estates Apartments for the Elderly.

This the _________ day of _______________, 2000.

ATTACHMENT F

RESOLUTION D

(Bicycle and Pedestrian Advisory Board’s Recommendation)

A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE FIRST BAPTIST AND MANLEY ESTATES APARTMENTS FOR THE ELDERLY (SUP 90.A.6)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by the Rev. John R. Manley, on property identified as Chapel Hill Township Tax Map 90, Block A, Lot 6, if developed according to the plans dated February 3, 2000 (revised April 5, 2000) 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 the Town Council finds that:

1.     Reasonable assurances exist that the dwelling units served by the parking spaces will be maintained for occupancy by the elderly or handicapped; and/or

2.  That sufficient livability space exists on the property to ensure that, should the units be converted to another form of occupancy or use, sufficient parking can be provided on the site to satisfy the parking requirements of the new use without violating the land use intensities of Section 13.11.

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

(INSERT CONDITIONS HERE)

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 First Baptist and Manley Estates Apartments for the Elderly.

This the _________ day of _______________, 2000.

ATTACHMENT G

RESOLUTION E

(Denying the Application)

A RESOLUTION DENYING A SPECIAL USE PERMIT APPLICATION FOR THE FIRST BAPTIST AND MANLEY ESTATES APARTMENTS FOR THE ELDERLY (SUP 90.A.6)

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit application proposed by Rev. John R. Manley, on property identified as Chapel Hill Township Tax Map 90, Block A, Lot 6, if developed according to the plans dated February 3, 2000 (revised April 5, 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 First Baptist and Manley Estates Apartments for the Elderly.

This the ____ day of ____________, 2000.

ATTACHMENT H

RESOLUTION F

A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT APPLICATION FOR THE FIRST BAPTIST AND MANLEY ESTATES APARTMENTS FOR THE ELDERLY (SUP 90.A.6)

(2000-05-15/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 First Baptist and Manley Estates Apartments for the Elderly, hereby determines, for purposes of Development Ordinance Section 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 18^th day of May, 2000.