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AGENDA #7 MEMORANDUM TO: Mayor and Town Council FROM: W. Calvin Horton, Town Manager SUBJECT: First Baptist Manley Estates Apartments for the Elderly –Application for Special Use Permit DATE: June 12, 2000
INTRODUCTION Tonight the Council continues the Public Hearing from May 15, 2000, regarding the Special Use Permit Modification application for construction of 40 apartments for very low-income elderly residents, 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. Adoption of Resolution A, B, C, D, E, or F would approve a Special Use Permit. Adoption of Resolution G would deny the request.
BACKGROUND
On May 15, 2000, a Public Hearing was held for consideration of a Special Use Permit application to authorize construction of 40 apartments for low-income elderly residents, one apartment for a resident manager, and 20 parking spaces on 6 acres. No concerns were raised during the Public Hearing. However, we have since received a letter from Ms. Eva Metzger regarding a request for greenway dedication. The hearing is being opened tonight to consider evidence presented during the hearing, the Transportation Board’s recommendation, later correspondence, and the staff response. We note that on May 15, the Council determined that contiguous property would be defined as those properties within 500 feet of the subject site. This is an application for a Special Use Permit. The Development Ordinance requires the Town Manager to conduct an evaluation of this Special Use Permit application and present it to the Town Council. We have reviewed the application and evaluated it regarding its compliance with the standards and regulations of the Development Ordinance; we have presented a report to the Planning Board; and on May 15 we submitted our report and recommendation to the Council. EVALUATION OF THE APPLICATION The standard for review and approval of a Special Use Permit involves consideration of four findings of fact that the Council must consider for granting a Special Use Permit. Based on the evidence that is accumulated during the Public Hearing, the Council will consider whether or not it can make each of four required findings for the approval of a Special Use Permit. If, after consideration of the evidence submitted at the Public Hearing, 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, the application cannot be approved and, accordingly, should be denied by the Council. Tonight, based on the evidence presently in the record thus far, we provide the following evaluation of this application based around the four findings of facts that the Council must consider for granting a Special Use Permit.
We believe the evidence in the record to date can be summarized as follows: Evidence in support: Evidence in support of Finding #1 for this application has been provided by the applicant’s Statement of Justification (provided as an attachment to this memorandum). We note the following key points raised by the applicant:
Evidence in opposition: No one who spoke at the Public Hearing offered evidence in opposition. We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
We believe the evidence in the record to date can be summarized as follows: Evidence in support: Evidence in support of Finding #2 for this application has been provided by the applicant’s Statement of Justification (provided as an attachment to this memorandum). We note the following key points raised by the applicant: · The proposal meets all Town standards and regulations. · The Community Design Commission approved the Concept Plan. · The proposal meets density limits. · Assurances have been provided regarding the necessary finding to reduce parking requirements. Evidence in opposition: No one who spoke at the Public Hearing offered evidence in opposition. We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
We believe the evidence in the record to date can be summarized as follows: Evidence in support: Evidence in support of Finding #3 for this application has been provided by the applicant’s Statement of Justification (provided as an attachment to this memorandum). We note the following key point raised by the applicant:
Evidence in opposition: No one who spoke at the Public Hearing offered evidence in opposition. We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.
We believe the evidence in the record to date can be summarized as follows: Evidence in support: Evidence in support of Finding #4 for this application has been provided by the applicant’s Statement of Justification (provided as an attachment to this memorandum). We note the following key point raised by the applicant:
Evidence in opposition: No one who spoke at the Public Hearing offered evidence in opposition. We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process. KEY ISSUES
We believe that no key issues were raised during the May 15 Public Hearing. However, we have received a letter from Ms. Eva Metzger requesting that the Council consider requiring the Trimble Road be dedicated as a greenway path. The Transportation Board, the night after the Public Hearing, also recommended Trimble Road be dedicated as a public pedestrian path. We have provided information on this issue, including a response from the Town staff, as an attachment to this memorandum. (Please see page 9). 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 and voted 8-0 to recommend Resolution E, which called for a pedestrian trail of Chapel Hill gravel or other material approved by the Town Manager along Trimble Road for public access. Please see the attached Summary of Transportation Board Action. 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 F. 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:
These stipulations have been included in Resolution C, the recommendation of the Parks and Recreation Commission. These stipulations, with the exception of the Trimble Road improvement, have been included in Resolution A, the Town Manager’s recommendation. 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 and voted 7-0 to recommend approval with conditions. Its recommendation, reflected in the attached Resolution D, includes the following:
Please see the attached Summary of Bicycle and Pedestrian Advisory Board Action. The above stipulations, with the exception of the Trimble Road or greenway stipulation, have been included in Resolution A, recommended by the Manager. 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 Special Use Permit Modification. However, we note that the purpose of tonight’s hearing is to receive additional information. Our revised recommendation is that the Council adopt Resolution A, approving the application with conditions. The following features have been added to Resolution A since the public hearing:
Resolution G would deny the application.
DIFFERENCES AMONG RESOLUTIONS
* Not discussed during this advisory board’s review of the application, therefore not included in this resolution. ATTACHMENTS Issue Raised After the Public Hearing (p. 9) Resolution A (p. 11) Resolution B (p.17) Resolution C (p. 19) Resolution D (p .21) Resolution E (p. 23) Resolution F (p. 25) Resolution G (p. 27) Ms. Eva Metzger’s May 29, 200 Letter to the Town Council (p. 28) Summary of Bicycle and Pedestrian Advisory Board Action (p. 31) Summary of Transportation Board Action (p. 32) Applicant’s Statement of Justification (p. 33) May 15, 2000 Public Hearing Memorandum and Related Attachments (begin new page 1)
FIRST BAPTIST/MANLEY ESTATES APARTMENT FOR THE ELDERLY Question/Issue Raised after the May 15, 2000 Public Hearing PEDESTRIAN Access/CIRCULATION 1. An old road bed for Trimble Road bisects the site, extending from Merritt Mill Road to a corner of the property adjacent to Laurel Ridge Apartments. On the survey submitted with the application, a note indicates that the Trimble Road right-of-way status is “unknown.” In the attached May 29th letter, Ms. Eva Metzger indicates her belief that Trimble Road was created in 1924 as part of a subdivision which included the subject property. She states her belief that this road is currently situated in a right-of-way. She recommends that the Council ask or require the developer to improve the road as a graveled path and dedicate it as a public greenway. She believes the creation of a sanctioned pedestrian access between the Laurel Ridge Apartments and Merritt Mill Road would promote neighborhood interconnectedness, facilitate more pedestrian activity (thus reducing the need for vehicle trips), and encourage social interaction between the residents of Laurel Ridge and Manley Estates. She concludes that the greenway would be more of an asset than a detriment to the residents of Manley Estates. Staff Comment: It appears there are two issues for the Council’s consideration. The Council would need to determine whether a pedestrian path is desirable in this location. If the Council decides a pedestrian path would be desirable here, it would be beneficial to know the right-of-way status of Trimble Road. Each issue is discussed below. Desirability: 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. We noted the Town policy for promoting pedestrian access and for connecting neighborhoods where possible. However, the applicant expressed concerns about security for the elderly residents and requested that we reconsider our recommendation. In our recommendation to the Council at the public hearing, we did not recommend provision of a formalized pedestrian path along Trimble Road. At that time, there were no proposals to block pedestrian access. The Bicycle and Pedestrian Advisory Board recommended formal pedestrian access be provided along the road bed or along the OWASA easement to Park Road. The Planning Board recommended formal pedestrian access be provided along Trimble Road, if funds allowed. We note that on the night after the public hearing, the Transportation Board recommended provision of formal pedestrian access along Trimble Road. We believe that in its existing state, the old road bed could serve as an informal pedestrian connection from the southeast property line to Merritt Mill Road. We agree with Ms. Metzger and the applicant that to formalize this connection would invite more pedestrians onto this site. We believe the difficulty lies in predicting whether the elderly residents would perceive and experience more pedestrian traffic as an asset or a threat. We believe it would be ideal to initially open a pedestrian access on the site and have the flexibility to close it off if the additional pedestrian traffic causes problems for the elderly residents. Such flexibility would depend on the right-of-way status of Trimble Road, discussed below. Right-of-Way Status: Conclusive evidence has not been presented to date as to whether or not this road is within a dedicated right-of-way. If right-of-way was legally established and never abandoned, vehicular and pedestrian access by the public may already be an established right. If the Council wishes to require a pedestrian path in this location, the Council could abandon the right-of-way in order to prohibit public vehicular use, and require dedication of a pedestrian easement to retain the public’s right to use the road bed for walking and biking. If there is currently no right-of-way, the applicant would need to agree to provide and dedicate a greenway path along the old roadbed. On balance, we believe that a pedestrian path is desirable in this location but remain concerned about the relative benefit to the elderly residents. If the Council wishes have a pedestrian path in this location, we recommend providing a pedestrian path initially, and incorporating flexibility into the requirement such that the path may be removed if increased pedestrian traffic is detrimental to the residents of this development. We recommend that if the Council wishes to formalize a pedestrian path in this location, the following stipulation be added to the attached Resolution A: That if right-of-way exists at Trimble Road, that the right-of-way be abandoned to prohibit public motorized vehicular traffic. If right-of-way does not exist, or once the right-of-way has been abandoned, the property owner shall dedicate to the Town a greenway easement for a pedestrian path, of a design and material approved by the Town Manager, prior to issuance of a Zoning Compliance Permit. The Town Council may, at a future date, abandon this section of the greenway system if it determines that the increased pedestrian traffic is causing harm to the residents of this development.
RESOLUTION A (Manager’s Revised Recommendation) A RESOLUTION APPROVING A SPECIAL USE PERMIT APPLICATION FOR THE FIRST BAPTIST AND MANLEY ESTATES APARTMENTS FOR THE ELDERLY (SUP 90.A.6) (2000-06-12/R-13a) 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 June 12, 2002 and be completed by June 12, 2003. 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. Pedestrian and Bicycle Related Improvements: A. 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. B. That crosswalks be added in the following locations: · Across the entry drive, using contrasting pavement or paint; and · Across Merritt Mill Road, in a location to be approved by NCDOT or the Town Manager. C. That a secure, covered, and illuminated space, with Wave-type bicycle rack be provided for at least 2 bicycles. 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 12th day of June, 2000.
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) (2000-06-12/R-13b) 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 12th day of June, 2000.
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) (2000-06-12/R-13c) 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 12th day of June, 2000.
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) (2000-06-12/R-13d) 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. Dedicate Old Trimble Road as a public path; or dedicate the OWASA easement on the southern property line and an easement running up the eastern property line as public greenway/pedestrian easements to connect with Park Road.
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 12th day of June, 2000.
RESOLUTION E (Transportation 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) (2000-06-12/R-13e) 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. A pedestrian trail of Chapel Hill gravel or other material approved by the Town Manager along the old roadbed bisecting the site. Public access shall be maintained along this corridor. 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 12th day of June, 2000.
RESOLUTION F (Community Design 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) (2000-06-12/R-13f) 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. Amend the stipulations in Resolution A thus: A. Delete the bulleted items from Stipulation #5; B. Delete subsection “B” and “C” from Stipulation #6; and C. Delete subsection “B” and “C” from Stipulation #10. 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 12th day of June, 2000.
RESOLUTION G (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) (2000-06-12/R-13g) 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 12th day of June, 2000.
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