Public Hearing: Carol Woods Retirement Community – Application for Special Use Permit Modification

SUBJECT: Public Hearing: Carol Woods Retirement Community – Application for Special Use Permit Modification

An application seeking approval of a Special Use Permit Modification has been filed by the Carol Woods Retirement Community. The proposed expansion includes 10 new buildings and one existing building:

· 6 garden apartment buildings, with 2 dwelling units per building (total of 12 apartments);

· relocation of the existing Special Use Permit boundary to include 1 existing building whose proposed use is staff offices / guest house.

The 117.3 acre site is located at 750 Weaver Dairy Road northwest of the intersection of Weaver Dairy and Sunrise Roads and south of Interstate 40.

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.

Please refer to the accompanying memorandum for a discussion of this application.

PROCESS

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

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 Modification 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 E provides a format for determining the definition of contiguous property for this application.

Description of the Application

The 117.3-acre site is located at 750 Weaver Dairy Road northwest of the intersection of Weaver Dairy and Sunrise Roads and south of Interstate 40. The property is located within the following three zoning districts: Residential-2 (R-2); Residential-5 (R-5); and the Resource Conservation District (RCD) overlay-zoning district. The site is identified as Chapel Hill Township Tax Map 17, Lots 16 and 18; and Chapel Hill Township Tax Map 16A, Lot 5A.

Existing Conditions: The site is located at 750 Weaver Dairy Road near Silo Drive, east of the Coventry neighborhood, north of the Cedar Hills neighborhood, west of Sunrise Road, and south of Interstate 40. Access to the site is from Weaver Dairy Road directly opposite Silo Drive. Carol Woods is currently a residential retirement community with a range of housing and support services for its residents. These include a mix of cottage homes, apartments and skilled care residential facilities, along with dining, health care, recreational and social programs and facilities. The current land use intensity on the Carol Woods site is the following:

The site includes a mixture of hardwood and softwood trees with some significant hardwoods. The site’s topography generally slopes from the northwest (542 ft. elevation) to the south / southeast (466 ft. elevation), with a gently rolling average slope of 3%. There are three natural drainage swales and two ponds on the site. There is 3.8 acres of Resource Conservation District located along the Weaver Dairy Road frontage. The site is not located in the Town’s Watershed Protection District.

Description of Proposed Development: This Special Use Permit Modification application proposes the construction of 10 buildings, an addition to another building, and the inclusion of another building within a relocated Special Use Permit boundary. Therefore, 11 buildings are proposed to be included in this Special Use Permit Modification.

The proposed development would take place in several sub-areas of the site (see attached reduced site plans). The bulk of construction would occur in the northeastern part of the site including 6 garden apartment buildings, 2 cluster homes (12 beds each), and a child development center, with parking for each. In the central sub-area the dining hall would be expanded and renovated with additional parking. A general-purpose workshop for residents would be built in the northern part of the site with parking. Finally, the existing Special Use Permit Boundary would be relocated along Weaver Dairy Road to include an existing residential structure whose use would be modified to allow staff offices and/or a guesthouse, with additional parking as well.

We note that a Special Use Permit Modification would be required for this development because it is currently encumbered by a Special Use Permit.

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 that discusses intensity standards, access and circulation, parking, building elevations, buffers and landscaping, refuse management, utilities, and fire safety (and is included as an attachment to this memorandum). A checklist describing compliance with regulations is also provided as an attachment to this memorandum.

Based on our evaluation, our preliminary recommendation is that the application as submitted complies with the regulations and standards of the Development Ordinance. This evaluation is based on the present Residential-2 and Residential-5 zoning, as well as the Resource Conservation District overlay zoning. We note that in accordance with the Town’s Development Ordinance, the existing zoning districts would allow a maximum of 1,562 dwelling units on the overall site (12.9 dwelling units per acre), with a maximum floor area of 1,195,142 square feet. As part of this Special Use Permit Modification application the applicant is requesting approval that would result in a total of 295 dwelling units on the overall site (2.4 dwelling units per acre), with a maximum floor area of 513,018 square feet.

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 Modification. 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 Modification 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. If the requested rezoning application were to be denied, we believe that this Special Use Permit Modification accordingly would need to be denied.

Based on the review of this development application by Town advisory boards and the Town staff, we believe that several key issues have been identified. These issues are further discussed as follows:

Sunrise Road Improvements: The applicant has proposed a new entrance on Sunrise Road to a proposed child-care center. The entrance will be immediately north of Ginger Road on the west side of Sunrise Road. The applicant is proposing to dedicate half of a 70-foot right-of-way along the entire Sunrise Road frontage (approximately 35 feet wide and 1,940 feet in length) without improvements.

Manager’s Comment: The Manager’s preliminary recommendation is that the Carol Woods frontage on Sunrise Road be improved to one-half of a 41-foot cross-section, with curb and gutter and a five-foot sidewalk. These should begin at the P.H. Craig property and extend south to the Cedar Village convenience store. We also recommend dedication of one-half of a 70-foot right-of-way on the Sunrise Road frontage. Sidewalk improvements along the west side of the Sunrise Road frontage would accommodate the potential increase in foot traffic in this corridor because of the residential and day-care facilities proposed by the applicant. Street improvements would provide a connection between the proposed facilities and Cedar Falls Park and the Cedar Village commercial area at the intersection of Weaver Dairy and Sunrise Roads. We note that curb and gutter with sidewalk have been installed on the east side of Sunrise Road in two places: by the Chapel Hill – Carrboro City Schools along the High School frontage, and by the Chandler’s Green Subdivision developer, as required by the Orange County Commissioners’ approval of the subdivision. There are currently no improvements on the west side of Sunrise Road.

Number of Parking Spaces: With this modification, the applicant’s proposal would result in a total of 295 dwelling units, 444 bedrooms, and 62 beds (assisted living facilities) on this site. Based on the number of existing and proposed dwelling units / beds and the child-care use, Subsection 14.6.7 of the Development Ordinance requires that a minimum of 496 parking spaces be provided on this site. The applicant proposes to provide 624 parking spaces.

Of the 624 total parking spaces for the proposed development, 546 (439 required) are existing parking spaces and 78 (57 required) are proposed parking spaces.

Manager’s Comment: Although the existing number of parking spaces at the existing Carol Woods facility exceeds our minimum requirements (439 required, 546 existing), we believe the existing parking conditions work well and we do not recommend adjustments. The proposed parking for the building expansions and child-care facility exceed the Town minimum requirements (57 required, 78 proposed), as well. However, we believe both the existing and proposed parking is justified.

We believe that the following points contribute to the argument that “more than minimum” parking is needed at the site. Parking needs for Carol Woods exceed that required by the Development Ordinance for several reasons: 1) a retirement community has a substantially larger staff attending to its residents than a conventional apartment development, 2) retirement community residents often drive their cars short distances on-site and need parking at both origins and destinations, and 3) parking requirements for child day care are not defined in the Town regulations and need to be considered on a case-by-case basis.

Affordable Housing: In order to approve a Special Use Permit Modification the Council must make the four Special Use Permit findings. One finding involves compliance with the Town’s Comprehensive Plan. The Town’s Comprehensive Plan policy includes the following:

“As a general policy, the Town should encourage developers of residential developments of five or more units to 1) provide 15 percent of their units at prices affordable to low and moderate income households, 2) contribute in-lieu fees, or 3) propose alternative methods so that the equivalent of 15 percent of the units will be available and affordable to low and moderate income households.”

We note that the 15% affordable housing policy was recently discussed during consideration of the Cedars at Meadowmont application, a recently approved Special Use Permit application for a retirement community. The Meadowmont Cedar’s developer offered a $50,000 payment-in-lieu of providing affordable units though the offering was not included as a condition of the Cedar’s approval.

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 improvements be made to Sunrise Road, including one-half of a 41-foot cross section with curb and gutter and sidewalk.

The Manager’s recommendation incorporates input from all 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 Modification application:

1. Applicant accepts and records the Special Use Permit Modification, 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:

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

4. Final Plat 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 November 7, 2000, and voted 7-0 to recommend that the Council approve the application with adoption of Resolution B. Please see the attached Summary of Planning Board Action.

Resolution B includes the following recommended condition of the Planning Board:

Ø That the applicant not be required to make right-of-way improvements along the Sunrise Road frontage.

Ø That the applicant provide a pedestrian pathway that begins at the southern end of the garden apartment access road and ends at Cedar Village convenience store. The exact alignment, width, and surface would be determined by the applicant to retain as many significant trees as possible.

Transportation Board Recommendation: The Transportation Board reviewed this application on November 7, 2000, and voted 4-1 to recommend that the Council approve the application with the adoption of Resolution A. Please see the attached Summary of Transportation Board Action.

Community Design Commission Recommendation: The Community Design Commission reviewed this application on November 1, 2000, and voted 10-0 to recommend that the Council approve the application with the adoption of Resolution C. Please see the attached Summary of Community Design Commission Action to the Council.

Resolution C includes the following recommended condition of the Design Commission:

Ø That the applicant not be required to make right-of-way improvements along the Sunrise Road frontage.

Bicycle and Pedestrian Advisory Board Recommendation: The Bicycle and Pedestrian Advisory Board reviewed this application on November 14, 2000. A summary of Bicycle and Pedestrian Advisory Board Action will be provided as soon as it is available.

Manager’s Preliminary Recommendation: Based on our evaluation of the application, our preliminary conclusion is 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 these public purpose findings for modification of the Development Ordinance regulations, and makes the four required findings for the approval of a Special Use Permit, we recommend that the application be approved with the adoption of Resolution A.

Resolution B would approve the application based on the recommendations of the Planning Board.

Resolution C would approve the application based on the Recommendation of the Community Design Commission.

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

CAROL WOODS SPECIAL USE PERMIT MODIFICATION

DIFFERENCES AMONG RESOLUTIONS

SUBJECT: Public Hearing: Carol Woods – Application for a Special Use Permit Modification (File No. 7.17..16 and 18, 7.16A..5A)

We have received and reviewed an application for a Special Use Permit Modification to permit the expansion and renovation of buildings on a 117.3-acre site (net land area). The site is located at 750 Weaver Dairy Road northwest of the intersection of Weaver Dairy and Sunrise Roads and south of Interstate 40. Furthermore, it is east of the Coventry neighborhood and north of the Cedar Hills neighborhood. Access to the site is from Weaver Dairy Road directly opposite Silo Drive.

· 6 garden apartment buildings, with 2 dwelling units per building (total of 12 apartments);

· relocation of the existing Special Use Permit boundary to include 1 existing building whose proposed use is staff offices / guest house.

This Special Use Permit Modification application proposes to adjust the existing Special Use Permit boundary along Weaver Dairy Road.

Access to the site would continue to be provided from the existing entrance at Weaver Dairy Road and from a proposed entrance at Sunrise Road. The new development is proposed to include 78 additional parking spaces.

October 8, 1973 The Orange County Board of Commissioners approved a Special Use Permit for Carol Woods Retirement Community.

April 8, 1974 The Chapel Hill Board of Aldermen approved a Special Use Permit for a Unified Housing Development for 314 dwelling units and other centralized facilities were approved, including a dining hall, library, recreation building, lounges and a 40-bed health center (total of 60 buildings and 300,000 square feet of floor area). The developer was considering connecting to the Town sanitary sewer system and therefore requested Town review of the proposed development.

November 12, 1977 Orange County Board of Commissioners approved modifications to Carol Woods.

December 31, 1977 The Town of Chapel Hill annexed a majority of the development.

July 10, 1989 The Chapel Hill Town Council approved a Master Land Use Plan for Carol Woods that conceptually identified the proposed expansion.

July 9, 1990 The Chapel Hill Town Council approved a Special Use Permit Modification that included 50 new buildings with 545,000 square feet of floor area, and 600 parking spaces.

December 7, 1998 The Chapel Hill Town Council approved a Special Use Permit Modification that allowed expanded use of a structure on a 1-acre portion of Carol Woods at 650 Weaver Dairy Road for the Village Charter School.

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

Carol Woods is currently a residential retirement community with a range of housing and support services for its residents. These include a mix of cottage homes, apartments and skilled care residential facilities, along with dining, health care, recreational and social programs and facilities. The current land use intensity on the Carol Woods site is the following:

The 117.3-acre site (net land area) is located within three zoning districts and is comprised of the following areas: Residential-2 (R-2), 17.3 acres; Residential-5 (R-5), 96.2 acres; and Resource Conservation District, 3.8 acres. The Resource Conservation District is located along the Weaver Dairy Road frontage. Its western-most edge begins about 340 feet east of the Weaver Dairy Road entrance. The site is not located in the Town’s Watershed Protection District.

The proposed development would take place in several sub-areas of the site including the northeastern, central, northern, and southern areas (see attached reduced site plans).

The northeastern sub-area is currently undeveloped and has a number of significant hardwoods, including oak and gum trees. However, this area is comprised primarily of pine trees. This sub-area is a flatter portion of the Carol Woods site with topography sloping gradually from the north (524 ft. elevation) to the east / southeast (484 ft. elevation), with an average slope of 5%. There are two natural drainage swales with one draining to the east and the other draining to the southeast.

The central sub-area has an existing dining hall, social hall, and assisted living building. This area is largely open ground with some medium sized pines and smaller hardwoods and shrubs. The topography slopes gradually from the northwest (506 ft. elevation) to the southeast (494 ft. elevation), with an average slope of 3%. There is a pond about 85 feet northwest of the dining hall that has a natural drainage swale leading away from it to the southeast. There are sidewalks connecting the dining hall to other buildings and grounds at Carol Woods. There are currently no parking spaces at the dining hall.

The northern sub-area has an existing grounds maintenance building with two utility sheds. This area is comprised of mixed small to medium sized pines and hardwoods. The topography in this area slopes gradually from the north (552 ft. elevation) to the south (544 ft. elevation), with an average slope of 5%. The proposed construction would occur between a Duke Power easement and an I-40 greenway easement. Both of the easements have generally east-west alignments. The Duke Power easement is 68 feet wide whereas the greenway easement is 100 feet wide. The greenway easement abuts the Interstate 40 right-of-way.

The southern sub-area has an existing 1,750 square foot residential structure with vehicular access to Weaver Dairy Road. This area is heavily wooded with large mixed hardwoods (oaks and hickories) and a few pines. The topography in this area slopes gradually from the north (482 ft. elevation) to the south (470 ft. elevation), with an average slope of 5%. A pond and stream are near the residence and lie within the Resource Conservation District. The house is adjacent to the Resource Conservation District while its driveway and one of three parking spaces are inside it. The pond is about 110 feet northwest of the house and the stream discharges from it in a southeastern direction parallel to Weaver Dairy Road.

Development Description: This Special Use Permit Modification application proposes the construction of 10 buildings, an addition to another building, and the inclusion of another building within a relocated Special Use Permit boundary. Therefore, 11 buildings are proposed to be included in this Special Use Permit Modification.

The proposed development would take place in several sub-areas of the site (see attached reduced site plans). The bulk of construction would occur in the northeastern part of the site including 6 garden apartment buildings, 2 cluster homes, and a child development center, with parking for each. In the central sub-area the dining hall would be expanded and renovated with additional parking. A general-purpose workshop would be built in the northern part of the site with parking. Finally, the existing Special Use Permit Boundary would be relocated along Weaver Dairy Road to include an existing residential structure whose use would be modified to allow staff offices and/or a guesthouse, with additional parking as well.

Building Expansion Summary

In the northeastern or residential/childcare sub-area there is a total of 43,180 square feet of floor area proposed and 57 parking spaces. This sub-area has three elements including garden apartments, group housing, and a child development center. Sidewalks are proposed to connect each of these elements to each other as well as to the larger Carol Woods Community. Four bio-retention areas are proposed among the buildings as well.

The first element of the residential/childcare sub-area is the garden apartments, proposed to have a total of 19,980 square feet of floor area and 24 parking spaces. There are a total of 12 single story apartments (1,665 square feet each) in 6 duplex buildings. Vehicular access to the apartments would be from Weaver Dairy Road and Harkness Drive.

The second element of the residential/childcare sub-area involves two single story cluster homes. The proposed cluster homes would have a total of 17,200 square feet of floor area, or 8,600 square feet each, and 12 parking spaces.

The third element of the residential/childcare sub-area is the proposed 6,000 square foot, single story child development center (licensed for 64 children). Access to the child development center would be from the proposed entrance on Sunset Road just north of Ginger Road. The child development center is proposed to have 21 parking spaces.

The central or dining hall sub-area would have a total of 2,150 square feet of new floor area and 9 new parking spaces. The proposed floor area includes 3 one-story additions, including a private dining area (1,000 square feet), an addition to an existing dining area (600 square feet), and an office (550 square feet).

In the northern or workshop sub-area a 1,200 square foot, one-story workshop is proposed with 6 parking spaces. It will be located immediately west of the existing grounds maintenance building and two utility sheds.

In the southern or staff office/guesthouse sub-area there is a proposed adjustment to the existing Special Use Permit boundary. The current Special Use Permit boundary runs along most of the north side of the Weaver Dairy Road frontage. The boundary jogs around a residential lot about 520 feet east of the entrance to Carol Woods (Chapel Hill Township Tax Map 17, Lot 18). The relocated boundary would include this lot and the existing residence on it in the Carol Woods Special Use Permit boundary. This is the only modification that would take place regarding the Special Use Permit boundary. This application proposes to change the existing residential use to a staff office and/or a guesthouse and to add three parking spaces.

Because the boundary of the Carol Woods Special Use Permit is expanding to include the house on Weaver Dairy Road, we note that the existing and proposed floor area, parking, and impervious surface in the staff office/guesthouse sub-area would be considered new. Therefore, the following would be considered an expansion of the Carol Woods Special Use Permit: 1,750 square feet of floor area; 6 parking spaces; and approximately 5,020 square feet of impervious surface.

Intensity Standards: The proposed project would meet the Development Ordinance’s standards for floor area, outdoor space, livability space, recreation space, and number of dwelling units per acre, for the three existing zoning categories, Residential-2 (R-2), Residential-5 (R-5), and the Resource Conservation District overlay zoning district.

Access and Circulation: Vehicular access to the site is proposed from two points of ingress and egress: (1) The existing entrance from Weaver Dairy Road opposite Silo Drive, and (2) the proposed entrance to the child development center from Sunset Road, just north of Ginger Road. The applicant has not proposed to provide improvements along the Sunset Road frontage.

Additional traffic circulation is proposed from Harkness Circle, the existing internal loop road. Harkness Circle will connect three of the four sub-areas (including the residential/childcare area, dining hall, and workshop) to the rest of the Carol Woods community. The staff offices / guesthouse will only be accessible directly from Weaver Dairy Road.

The applicant is proposing to dedicate half of the 70-foot right-of-way along the entire Sunrise Road frontage (approximately 35 feet wide and 1,940 feet in length). In addition, we recommend that the applicant construct half of a 41-foot cross-section, including curb and gutter and a 5-foot sidewalk built to Town standards, beginning at the P.H. Craig property (Chapel Hill Township Tax Map 17, Lot 16B) and extending south to Weaver Dairy Road. We have included this stipulation in Resolution A. We note that the applicant has not proposed to provide improvements along the Sunrise Road frontage.

Regarding the existing I-40 greenway easement, we recommend that an additional segment of easement be provided in the northeast corner of the Carol Woods property to facilitate construction of the greenway trail. We believe the dedication of an additional segment of greenway easement could help minimize land disturbance and accommodate steep slopes near Sunrise Road. No trail construction is anticipated in the immediate future. We have included this stipulation in Resolution A.

Parking: Although the existing number of parking spaces at the existing Carol Woods facility exceeds our minimum requirements (439 required, 546 existing), we believe the existing parking conditions work well and we do not recommend adjustments. The proposed parking for the building expansions and child-care facility exceed the Town minimum requirements (57 required, 78 proposed), as well. However, we believe both the existing and proposed parking is justified.

We believe that the following points contribute to the argument that “more than minimum” parking is needed at the site. Parking needs for Carol Woods exceed that required by the Development Ordinance for two reasons: 1) a retirement community has a substantially larger staff attending to its residents than a conventional apartment development, and 2) parking requirements for child day care are not defined in the Town regulations and need to be considered on a case-by-case basis.

Traffic Impact: The applicant has provided a Traffic Impact Analysis for this development. The analysis concludes the following:

“The proposed day care facility driveway functions with minimal delay (LOS A for all movements) at Sunrise Road for the 2002 build year without turn bays on Sunrise Road. The overall level of service remains at LOS A for the Harkness Circle/Silo Drive intersection in to the build year, showing that the existing geometry is adequate. Note that the southbound left-turn at this intersection is expected to worsen from the LOS C and LOS D in the PM peak hour for future no-build and build conditions.”

“For the PM peak hour, Sunrise Road and Weaver Dairy Road remains at an overall LOS A for existing, no-build and build conditions. However, this intersection does have a compromised overall level of service in the AM peak hour, going from existing LOS B to no-build LOS C to build LOS D.”

“The worsening overall level of service at the Sunrise Road intersection with Weaver Dairy Road is due to high southbound left-turn delays. The signal warrants analysis showed that only Warrant 10, Peak Hour Delay, was met for urban conditions at the intersection in the build year. However, future planned widening on Weaver Dairy Road and additional growth beyond the build year may warrant a signal at the intersection. Minimal impacts are expected due to the additional development, mainly due to the low volume of trips generated with respect to the existing traffic volumes.”

We believe that the proposed new development at Carol Woods will have a minor traffic impact over levels of service projected in the no-build scenario.

Buffers and Landscaping: The Development Ordinance requires landscape bufferyards around the perimeter of the development. The following table indicates landscape buffers that are required by the Town’s Development Ordinance and those proposed by the applicant:

We believe that the bufferyards proposed by the applicant are adequate. We have included a stipulation in Resolution A to that effect.

We recommend that all canopy trees installed in graded buffer areas shall be a minimum of 3 inch – 3½ inch caliper when installed. Also, we recommend that all small trees installed in graded buffer areas be a minimum of 8 feet in height. We have included this stipulation in Resolution A.

We also recommend that all parking lot shade trees used to demonstrate compliance with the 35% parking lot shading requirement, be a minimum of 2 inch – 2½ inch caliper when installed. We have included this stipulation in Resolution A.

Building Elevations: We recommend that detailed building elevations and a lighting plan be approved by the Community Design Commission, prior to the issuance of a Zoning Compliance Permit. This recommendation is included in Resolution A.

Stormwater Management: We have included our standard stipulation in Resolution A, requiring Town Manager approval of a Stormwater Management Plan prior to issuance of a Zoning Compliance Permit for this development. The plan is proposed to be based on the 25-year storm.

Bio-retention: The applicant has proposed five bio-retention areas in the residential/childcare sub-area. The bio-retention areas will drain to two existing drainage swales to the north and southwest of the proposed developed area. We have included a stipulation requiring that the proposed bio-retention design, including a list of acceptable plant species, shall be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit.

Recreation Space: The Development Ordinance requires 235,592 square feet of improved recreation space for Carol Woods with the proposed expansion. There is 250,000 square feet of existing recreation space in the Carol Woods Community and 24,500 square feet of proposed recreation space for a total of 274,500. The development proposal satisfies the ordinance requirements. The existing recreation space is approximately subdivided into 7 uses where as the proposed recreation space is subdivided into 2 uses:

The proposed recreation space is located in the courtyard between the cluster homes and the child development center. It will be shared space with a play area for children as well as gardens with walking and sitting areas for cluster home residents.

Based on the Residential-5 (R-5), Residential-2 (R-2), and Resource Conservation District zoning, the Development Ordinance requires the following land use intensity for recreation space:

Refuse Management: The applicant proposes to provide refuse and recycling facilities in two of the four sub-areas of the Carol Woods site. New refuse and recycling facilities are proposed in the residential/childcare sub-area adjacent to the childcare center and will be accessible from the proposed Sunset Road entrance. Existing refuse and recycling facilities are proposed to be used in the dining hall sub-area. There are no existing or proposed refuse facilities in the workshop sub-area or the staff office/guesthouse sub-area. However, Carol Woods maintenance staff routinely collect refuse from outlying areas and dispose of them in more centrally located refuse facilities.

We recommend that the applicant reserve space for segregated grease rendering/recycling collection. A stipulation to this effect has been included in Resolution A. Commercial grease wastes cannot be disposed of with refuse. We recommend that the applicant consider providing space for segregated food waste collection near the delivery entrance for the dining hall.

We have included our standard stipulations requiring (1) that a Solid Waste Management Plan be developed for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit, and (2) that all new drive aisles which provide access to the compactor, future dumpsters and recycling facilities, be constructed with heavy duty pavement.

Utilities: We recommend that detailed utility plans be reviewed and approved by OWASA, Duke Power Company, BellSouth, Public Service Company, Time Warner Cable and the Town Manager prior to issuance of a Zoning Compliance Permit. We have included this standard stipulation in Resolution A.

Fire Safety: We have included our standard stipulation in Resolution A requiring that a fire flow report sealed by a professional engineer, be submitted for review and approval by the Town Manager prior to the issuance of a Zoning Compliance Permit.

It is Town Policy that all new structures be located within 500 feet of a fire hydrant. We have included a stipulation to this effect in Resolution A. In addition, we note that the Town seeks to maintain a 50-foot maximum distance between fire hydrants and fire department connections, located on the street side of buildings with internal sprinkler systems.

We recommend that the collapsible bollards restricting access to the fire lane, adjacent to the proposed child development center, be designed and locked in a manner to insure unhindered entry by fire department personnel, to be approved by the Town Manager prior to the issuance of a Zoning Compliance Permit. We have included a stipulation to this effect in Resolution A.

Erosion Control: We recommend that an erosion control plan for the site be approved by the Orange County Erosion Control Officer, and be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit.

Miscellaneous: We have also included stipulations (1) requiring that no open burning associated with this development shall be permitted; and (2) encouraging the developer to conduct a “plant rescue” after the issuance of a Zoning Compliance Permit and prior to the start of construction.

Comprehensive Plan: On May 8, 2000, the Town Council adopted a revised Comprehensive Plan. The Land Use Plan, a component of the Comprehensive Plan, identifies this area as high density residential, with a density of 8 dwelling units or more per acre. This proposed development application proposes 2.4 dwelling units per acre. We note that two of the units are group quarters with a total of 62 beds.

Additionally, a transportation objective of the revised Comprehensive Plan is to increase the emphasis on transit, bicycle, and pedestrian mobility town-wide. Building a sidewalk along the Sunrise Road frontage and linking the commercial area at Weaver Dairy Road and Cedar Falls Park with Carol Woods is compatible with this Comprehensive Plan goal. Furthermore, the greenway easement that runs along I-40 would be linked to this sidewalk as well.

Special Use Permit Modification 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 or 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;

(d) That the use or development conforms to 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.

Based on information available at this stage of the application review process, we believe that the proposal, with the conditions in Resolution A, meets the requirements of the applicable sections of the Development Ordinance and Design Manual, and that the proposal fulfills the purposes of the Comprehensive Plan.

Special Use Permit Modification Application

Carol Woods Community	Compliance	Non-Compliance
Use Permitted	Ö
Min. Gross Land Area	Ö
Min. Lot Width	Ö
Max. Floor Area	Ö
Min. Outdoor Space	Ö
Min. Livability Space	Ö
Min. Recreation Space	Ö
Impervious Surface Limits	na
Min. # Parking Spaces	Ö
Min. # Loading Spaces	na
Min. # Handicap Spaces	Ö
Max. # Dwelling Units	Ö
Min. Street Setback	Ö
Min. Interior Setback	Ö
Min. Solar Setback	Ö
Max. Height Limit	Ö
Min. Landscape Buffers	Ö
Public Water and Sewer	Ö

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR CAROL WOODS RETIREMENT COMMUNITY

BE IT RESOLVED by the Council of the Town of Chapel Hill that it finds that the Special Use Permit Modification application proposed by Jim Call, of the Carol Woods Retirement Community, on property identified as Chapel Hill Township Tax Map 17, Lots 16 (PIN # 9880865212) and 18 (PIN # 9880856370); and Chapel Hill Township Tax Map 16A, Lot 5A (PIN # 9880879300); if developed according to the site plan prepared on March 1, 2000, and revised on October 16, 2000, and conditions listed below, would:

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

2. Comply with all required regulations and standards of the Development Ordinance, including all applicable provisions of Articles 12, 13, and 14, and with all other applicable regulations;

3. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

4. Conform to 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 hereby approves the application for a Special Use Permit Modification for Carol Woods in accordance with the plans listed above and with the conditions listed below:

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. Relationship to 1998 Special Use Permit Modification: That this approval authorizes the use of approximately 121.6 acres including the structure at 710 Weaver Dairy Road as a staff office or guest house. This authorization is intended to be in addition to the terms of the Town Council, December 7, 1998 Special Use Permit Modification document recorded in deed book 1880, page 528 of the Orange County Register of Deeds.

· the relocation of the Special Use Permit boundary to include a new staff office/guesthouse building.

The total new floor area authorized is 48,280 square feet. The aggregate authorized land use intensities, existing and proposed, are as follows:

4. Alteration of Special Use Permit Boundary: That the existing Special Use Permit Boundary shall be altered to include the 1.73 acre lot with an existing residence at 710 Weaver Dairy Road, identified as Chapel Hill Township Tax Map 16A, Lot 5A. The enlarged Special Use Permit boundary will run parallel to Weaver Dairy Road including the lot at 710 Weaver Dairy Road rather than jogging around it. The gross land area of the new Special Use Permit boundary is 121.61 acres.

5. Town Standards: That all new streets, parking lots, drive aisles and sidewalks associated with this development shall be constructed to Town standards. Catch basins and underground stormwater pipes (rather than drainage swales) shall be utilized to collect stormwater.

6. Sunrise Road: That half of a 70-foot right-of-way along the entire Sunrise Road frontage shall be dedicated. Half of a 41-foot cross-section, including curb and gutter and a 5-foot sidewalk shall be built to Town standards, beginning at the P.H. Craig property (Chapel Hill Township Tax Map 17, Lot 16B) and extending south to Weaver Dairy Road.

7. Parking Spaces: That the 78 proposed parking spaces will increase the permitted parking spaces on the site to 624 spaces.

8. Greenway Easement: A pedestrian easement shall be dedicated to the Town of Chapel Hill near the northeastern corner of the site to facilitate footpath construction from the I-40 Greenway to Sunrise Road. The easement is intended to minimize land disturbance and accommodate steep slopes at Sunrise Road when the I-40 Greenway is connected to Sunrise Road. The easement location shall be approved by the Town Manager.

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

10. Landscape Protection Plan: That a detailed Landscape Protection Plan, clearly indicating which rare and specimen trees will be removed and preserved and including Town standard landscaping protection notes, shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

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

Bufferyard Location	Buffer Required
Eastern Border (Sunrise Rd.)	75 ft. Type ‘D’¹ Buffer
Northern Border (Interstate 40)	125 ft. Type ‘E’ Buffer
Western Border (Coventry neigh.)	30 ft. Type ‘B’ Buffer
Southern Border (Weaver Dairy Rd.)	75 ft. Type ‘D’ Buffer

12. Catch Basins and Stormwater Pipes: That catch basins and stormwater pipes shall be utilized as part of street construction, in order to minimize land disturbance in buffer areas. Drainage swales shall not be established in the required landscape bufferyards on this site.

13. Slopes in Buffer Areas: That all newly graded landscape buffer areas shall not exceed a 3:1 slope.

14. Buffer Plantings: That all canopy trees installed in graded buffer areas shall be a minimum of 3 inch – 3½ inch caliper when installed. Also, all small trees installed in graded buffer areas shall be a minimum of 8 feet in height.

15. Parking Lot Plantings: That all parking lot shade trees used to demonstrate compliance with the 35% parking lot shading requirement, shall be a minimum of 2 inch – 2½ inch caliper when installed.

16. Planting Strips: That five-foot wide planting strips shall be provided between parking areas and each building.

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

18. Utility Lines: That all new utility lines, other than 3-phase electric power distribution lines, shall be underground.

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

20. Fire Hydrant Location: That all new structures be located within 500 feet of a fire hydrant, subject to the approval of the Town Manager prior to the issuance of a Zoning Compliance Permit.

21. Collapsible Bollards: That the collapsible bollards restricting access to the fire land near the child development center are designed in such a manner as to not hinder fire department entry. Bollard design is subject to the approval of the Town Manager prior to the issuance of a Zoning Compliance Permit.

22. Sprinkler System: That the new buildings shall have a sprinkler systems in accordance with Town Code, which shall be approved by the Town Manager.

23. Solid Waste Management Plan: That a Solid Waste Management Plan, including provisions for recycling and for the management and minimizing of construction debris, and reserving space for segregated grease rendering/recycling collection shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

24. Heavy-Duty Paving: That all new drive aisles that provide access to the compactors, future dumpsters or recycling facilities, be constructed with heavy-duty pavement.

Miscellaneous Stipulations

25. Community Design Commission Approval: That the Community Design Commission shall approve the building elevations and the lighting plan for the site, prior to the issuance of a Zoning Compliance Permit.

26. Stormwater Management Plan: That a Stormwater Management Plan be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. Based on a 25-year storm, the post-development stormwater run-off rate shall not exceed the pre-development rate.

27. Bio-retention: That the design and list of plant species of the five new bio-retention areas shall be approved by the Town Manager prior to issuance of a Zoning Compliance Permit.

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

That 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.

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

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

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

32. Open Burning: That no open burning shall be permitted during the construction of this development.

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

34. Construction Sign Required: That the applicant post a construction sign that lists the property owner’s representative, with a telephone number; the contractor’s representative, with a telephone number; and a telephone number for regulatory information at the time of issuance of a Zoning Compliance Permit. The construction sign may have a maximum of 16 square feet of display area and may not exceed 6 feet in height. The sign shall be non-illuminated, and shall consist of light letters on a dark background.

35. Plant Rescue: That the applicant is encouraged to conduct a “plant rescue” for this site, after the issuance of a Zoning Compliance Permit and prior to the start of construction.

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

37. 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 application for a Special Use Permit Modification for Carol Woods.

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR CAROL WOODS RETIREMENT COMMUNITY

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

6. 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;

7. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

8. Conform to the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

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. Sunrise Road: Reference to half of a 41-foot cross section, including curb and gutter, along the Sunrise Road frontage shall be deleted from Stipulation #6 of Resolution A. Accordingly, Resolution A shall be revised as follows:

A. Stipulation #6 shall be revised as follows: “That half of a 70-foot right-of-way along the entire Sunrise Road frontage shall be dedicated.”

3. Pedestrian Pathway: That stipulation shall be added to Resolution A requiring construction of a pedestrian pathway. Accordingly, the stipulation shall be revised as follows:

A. Pedestrian Pathway: That the applicant shall construct a pedestrian pathway from the southern end of the garden apartment access road running southward to Cedar Village commercial area (at the intersection of Weaver Dairy and Sunrise Roads). The surface, width, and precise alignment shall be determined by the applicant in order to minimize tree removal.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit for Carol Woods.

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR CAROL WOODS RETIREMENT COMMUNITY

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

10. 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;

11. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

12. Conform to the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

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.

a. Stipulation #6 shall be revised as follows: “That half of a 70-foot right-of-way along the entire Sunrise Road frontage shall be dedicated.”

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for a Special Use Permit for Carol Woods.

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR CAROL WOODS RETIREMENT COMMUNITY

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

14. 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;

15. Be located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property; and

16. Conform to the general plans for the physical development of the Town as embodied in the Development Ordinance and in the Comprehensive Plan.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby denies the application for a Special Use Permit for Carol Woods.

A RESOLUTION DETERMINING CONTIGUOUS PROPERTY WITH RESPECT TO THE SPECIAL USE PERMIT MODIFICATION APPLICATION FOR CAROL WOODS

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 Modification for Carol Woods, 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:

Recreation Space Summary
Existing Recreation Uses	Area (square feet)
Resident Gardens	75,000
Croquet Courts	10,000
Bocce Ball Courts	5,000
Bird Watching/Pond Area	25,000
Flower and Herb Gardens	65,000
Walking Paths	60,000
Other	10,000
Proposed Recreation Uses	Area (square feet)
Gardens - Sitting Areas / Playground	24,500
Total Recreation Space	274,500