AGENDA #6

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

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

DATE:             December 11, 2000

INTRODUCTION

Tonight the Council continues the Public Hearing from November 20, 2000 regarding the Special Use Permit Modification application, for an expansion and renovation of the 117.3 acre Carol Woods Retirement Community at 750 Weaver Dairy Road. Adoption of Resolutions A, B, C, D, or E would approve a Special Use Permit Modification application. Adoption of Resolution F would deny the request.

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

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

¨      Attachments:  Includes resolutions of approval and denial, comments on issues raised during the November 20 Public Hearing, and a copy of the Public Hearing memorandum and its related attachments.

Background

On November 20, 2000, a Public Hearing was held for consideration of a Special Use Permit Modification application to authorize construction for an expansion and renovation of the 117.3 acre Carol Woods Retirement Community at 750 Weaver Dairy Road. Questions regarding the application were raised during the Public Hearing, and the Hearing is being reopened tonight to receive applicant and staff responses to these questions. We note that, on November 20, the Council determined that contiguous property would be defined as those properties adjacent to this site.

This is an application for a Special Use Permit Modification. 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 regarding its compliance with the standards and regulations of the Town’s Development Ordinance; we have presented a report to the Planning Board; and on November 20, we submitted our report and recommendation to the Council.

Evaluation of the Application

The standard for review and approval of a Special Use Permit Modification application involves consideration of four findings of fact that the Council must consider for granting a Special Use Permit Modification. Based on the evidence that is accumulated during the Public Hearing, the Council will consider whether or not it can make each of the four required findings for the approval of a Special Use Permit Modification.

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 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.

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 Modification.

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

We believe the evidence in the record to date can be summarized as follows:

Evidence in support:  The applicant’s Statement of Justification (provided as an attachment to this memorandum) provides evidence in support of Finding #1. We note the following key points raised by the applicant: 

·        “Carol Woods is an existing residential community, which has proven over the years to be a positive and integral part of Chapel Hill. The proposed expansions will be in keeping with that same spirit and character, and will further the good citizen component of Carol Woods and their contribution to the life of Chapel Hill.”

·        “There is an immediate and ongoing need for the type of residential care facility, which will be provided by the Cluster Homes.”

·        “There is a demonstrated need for additional childcare facilities in the Town of Chapel Hill.”

·        “There are demonstrated therapeutic benefits to providing opportunities for children and elderly adults to be in proximity to and interact with each other.”

·        “The development of this portion of Carol Woods will have the added benefit of providing an additional route for emergency vehicles to access the property, off of Sunrise Road.”        

Evidence in opposition: We have not been able to identify evidence presented in opposition to Finding #1 for this application raised at the Public Hearing.

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

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

We believe the evidence in the record to date can be summarized as follows:

Evidence in support:  The applicant’s Statement of Justification (provided as an attachment to this memorandum) provides evidence in support of Finding #2. We note the following key points raised by the applicant: 

·        “We believe that the proposed development meets all requirements and regulations as stated above, and far exceeds them in most instances.” 

·        “The improvements to the existing facility and expansion of the site further the goals of the Comprehensive Plan and the Design Guidelines.”

·        “The additional connection to Sunrise Road will help disperse traffic.”

·        “All setbacks are met, and the building height is within that permitted by the ordinance.”

·        “Stormwater will be managed to prevent any increase in current runoff levels.”

·        “Significant areas of trees will be preserved.”

Evidence in opposition: We have not been able to identify evidence presented in opposition to Finding #2 for this application raised at the Public Hearing.

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

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

Council established adjacent property as contiguous at the November 20, 2000 Public Hearing.

We believe the evidence in the record to date can be summarized as follows:

Evidence in support:  The applicant’s Statement of Justification (provided as an attachment to this memorandum) provides evidence in support of Finding #3. We note the following key points raised by the applicant:   

·        “The proposed uses, with exception of the Child Development Center do not differ from the existing uses, maintain the harmony of land use and the character of adjacent development.”

·        “The expansion will be architecturally in harmony with the existing building, and with the adjacent structures in the area.”

·        “The value of surrounding properties will not be affected, as there is no change in the proposed use or general character of Carol Woods.”

Evidence in opposition: We have not been able to identify evidence presented in opposition to Finding #3 for this application raised at the Public Hearing.

We anticipate that further evidence may be presented for the Council’s consideration as part of the continued Public Hearing process.

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

We believe the evidence in the record to date can be summarized as follows:

Evidence in support:  The applicant’s Statement of Justification (provided as an attachment to this memorandum) provides evidence in support of Finding #4. We note the following key point raised by the applicant:     

·        “The use complies the Zoning Atlas and Comprehensive Plan for Chapel Hill.”

·        “The site and proposed use comply with the Chapel Hill Thoroughfare Plan and is located within the Urban Services Area.”

·        “The existing and proposed use is in harmony with the neighborhood.”

·        “The proposed use will add only minor additional impacts on existing public facilities.”

Evidence in opposition: We have not been able to identify evidence presented in opposition to Finding #4 for this application raised at the Public Hearing.

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 the key issues brought forth during the November 20 Public Hearing were related to the recommended widening of Sunrise Road. We have provided a list of individual questions/issues raised during the Hearing, followed by responses from the applicant and/or Town staff, as an attachment to this memorandum.


Recommendations

Please note that Advisory Board recommendations are summarized below. Detailed descriptions of these recommendations are included in the attached November 20, 2000 Public Hearing Memorandum.

Transportation Board Recommendation:  The Transportation Board reviewed this application November 7, 2000, and voted 4-1 to recommend that the Council approve the application with the adoption of Resolution B.

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 C.

Community Design Commission Recommendation:  The Community Design Commission reviewed this application November 7, 2000, and voted 10-0 to recommend that the Council approve the application with the adoption of Resolution D.

Bicycle and Pedestrian Advisory Board Recommendation:  The Bicycle and Pedestrian Advisory Board reviewed this application on November 14, 2000, and voted 5-0 to recommend that the Council approve the application with the adoption of Resolution E.

We note that the Bicycle and Pedestrian Advisory Board’s recommendation included the following three conditions:

1.      “That the number of new parking spaces be reduced to 63 (from 78), consistent with the Council’s maximum parking policy (minimum plus 10%).”

Staff Comment:  We believe that the following points contribute to the argument that 78 new parking spaces are appropriate. 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.

2.      “That the applicant be required to build pedestrian accommodations along Weaver Dairy Road form the main entrance of Carol Woods to the Cedar Village commercial area.”

Staff Comment:  We do not recommend that the applicant be required to build pedestrian accommodations along Weaver Dairy Road for two reasons: 1) there are long-range preliminary plans to widen Weaver Dairy Road, which would probably result in any sidewalks being removed, and 2) there is a proposal to build a temporary meandering asphalt pedestrian path along the southern side Weaver Dairy Road from Timberlyne Shopping Center to Cedar Falls Park. Furthermore, we do not believe that this incremental increase to the intensity of the Carol Woods development or the resulting impacts warrant the applicant being required to build 1,500 linear feet of sidewalk along Weaver Dairy Road.

3.      “That bicycle parking be added at the daycare facility, the dining hall, the garden apartments and the staff office/guesthouse as described in the Town’s design guidelines.”

Staff Comment:  We believe that bicycle-parking facilities may have limited usage because of the elderly population that Carol Woods serves. However, bicycle-parking facilities could be useful to employees and parents dropping off children at the daycare center, particularly for those who live nearby. The Town Design Manual objective for the proportion of bicycle parking spaces to automobile parking spaces is 10%. In order to accommodate these six (6) bicycle spaces, we recommend that the applicant provide one wave-type bicycle rack, in highly visible, well-illuminated areas, at these respective locations:

·        daycare center;

·        dining hall;

·        garden apartments; and

·        staff office / guest house.

Manager’s Revised Recommendation:  Based on the information in the record to date, we believe that the Council could make the four findings required to approve the Special Use Permit Modification.

Our revised recommendation supports the Bicycle and Pedestrian Advisory Board’s recommendation requiring that the applicant provide bicycle-parking facilities. A stipulation to this effect has been added to Resolution A.

We recommend that the Council adopt Resolution A, approving the application with conditions.

Resolution B would approve the application based on the Recommendation of the Transportation Board.

Resolution C would approve the application based on the Recommendation of the Planning Board.

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

Resolution E would approve the application based on the Recommendation of the Bicycle and Pedestrian Advisory Board.

Resolution F would deny the application.


CAROL WOODS SPECIAL USE PERMIT MODIFICATION

DIFFERENCES AMONG RESOLUTIONS

 
 

ISSUE

Resolution
A

Manager’s

Revised Recommendation

Resolution B

Transportation Board

Recommendation

Resolution C

Planning Board Recommendation

Resolution D

Community Design Commission Recommendation

Resolution E

Bicycle & Pedestrian Advisory Board Recommendation

Require Sunrise Road frontage improvements (i.e. sidewalks and curb and gutter).

Yes

Yes

No

No

No

Require applicant to provide a pedestrian pathway to connect proposed apartment buildings with Cedar Village commercial area.

No

*

Yes

*

*

Require 63 new parking spaces rather that the proposed 78.

*

*

*

*

Yes

Require sidewalk improvements along Weaver Dairy Road from the Carol Woods entrance to Cedar Village.

*

*

*

*

Yes

Require bicycle parking at the daycare facility, dining hall, garden apartments, and staff office/guest house.

Yes

*

*

*

Yes

*This issue was not discussed at this particular advisory board’s meeting.


ATTACHMENTS

1.                  Questions/Issues Raised during the November 20, 20000 Public Hearing  (p. 9).

2.                  Resolution A – Approving the Application  (p. 10).

3.                  Resolution B – Approving the Application (p. 16).

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

5.                  Resolution D – Approving the Application  (p. 19).

6.                  Resolution E – Approving the Application  (p. 20).

7.                  Resolution F – Denying the Application  (p. 22).

8.                  November 20, 2000 Public Hearing Memorandum and Related Attachments (begin new page 1).


ATTACHMENT  1

CAROL WOODS

Questions/Issues Raised at the November 20, 2000 Public Hearing

There was only one question raised at the November 20 Public Hearing that was not answered at the hearing.

 

TRANSPORTATION ISSUES

1.   A Council member asked why the Town Manager is recommending the widening of Sunrise Road.

Manager’s Comment: The Manager’s 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. The recommendation proposes that the improvements 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.

We believe the footpath proposed by the applicant on the Carol Woods site would not provide the same degree of public access as a sidewalk adjacent to Sunrise Road. The applicant’s proposed footpath would not run along Sunrise Road but rather meander through the woods from the garden apartment/day care area to Cedar Falls commercial area.


ATTACHMENT  2

RESOLUTION A

                                                                                                 (Manager’s Revised Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR CAROL WOODS RETIREMENT COMMUNITY (2000-12-11/R-11a)

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:

Stipulations Specific to the Development

1.                  That construction begin by December 11, 2002 (two years from the date of Council approval) and be completed by December 11, 2003 (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.  

 


3.                  Land Use Intensity: This Special Use Permit Modification authorizes:

·        construction of 10 buildings;

·        including 6 apartment buildings, 2 cluster homes, and 1 child care center;

·        1 general purpose workshop; and

·        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:

 

·        Total # of Buildings:                                                                        61

·        Total # of Dwelling Units:                                                    295

·        Total # of Cluster Home / Assisted Living Buildings:                           3

·        Maximum # of Bedrooms:                                                   468

·        Maximum # of Parking Spaces:                                                       624

·        Minimum Outdoor Space (s.f.):                                            4,921,557

·        Minimum Livability Space (s.f.):                                          4,327,548

·        Minimum Recreation Area (s.f.):                                              274,500

                                               

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.

Stipulations Related to Required Improvements

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.

Stipulations Related to Recreation Space

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.

Stipulations Related to Landscape Elements

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

                                     1. Except for 50 ft. Type 'C' buffer adjacent to P.H. Craig property

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.

Stipulations Related to Utilities

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.

Stipulations Related to Fire Protection/Fire Safety

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.

Stipulations Related to Refuse and Recycling Collection

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.              Bicycle Facilities: That the applicant shall provide bicycle-parking facilities, as described in the Town’s Design Manual, at the daycare center, the dining hall, the garden apartments, and the staff office/guesthouse. The applicant shall provide one wave-type bicycle rack, in highly visible, well-illuminated areas, at these respective locations:

·        daycare center;

·        dining hall;

·        garden apartments; and

·        staff office / guest house.

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

38.              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.

This the 11th day of December, 2000.


ATTACHMENT  3

RESOLUTION  B

                                                                                              (Transportation Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR CAROL WOODS RETIREMENT COMMUNITY (2000-12-11/R-11b)

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:

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.

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.      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.       Bicycle Facilities: Remove Stipulation #36 from Resolution A.

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.

This the 11th day of December, 2000.


ATTACHMENT  4

RESOLUTION  C

                                                                                                       (Planning Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR CAROL WOODS RETIREMENT COMMUNITY (2000-12-11/R-11c)

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:

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.

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.      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.

3.      Bicycle Facilities: Remove Stipulation #36 from Resolution A.

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.

This the 11th day of December, 2000.


ATTACHMENT  5

RESOLUTION  D

                                                                              (Community Design Commission Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR CAROL WOODS RETIREMENT COMMUNITY (2000-12-11/R-11d)

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:

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.

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.      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.      Bicycle Facilities:  Remove Stipulation #36 from Resolution A.

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.

This the 11th day of December, 2000.

ATTACHMENT  6

RESOLUTION  E

(Bicycle and Pedestrian Advisory Board Recommendation)

A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR CAROL WOODS RETIREMENT COMMUNITY (2000-12-11/R-11e)

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:

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

18.              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;

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

20.              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.      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.      Parking Spaces: That the required number of new parking spaces in Stipulation #7 of Resolution A be reduced to 63 from 78. Accordingly, Resolution A shall be revised as follows:

a.       Stipulation #7 shall be revised as follows: “That the 63 proposed parking spaces will increase the permitted spaces on the site to 609.”

3.      Weaver Dairy Road Improvements: That a stipulation be added to Resolution A requiring the applicant to provide sidewalk improvements along Weaver Dairy Road from the main entrance of Carol Woods to the Cedar Village commercial area. Accordingly, Resolution A shall be revised as follows: 

a.       New Stipulation shall be added to read as follows: “That the applicant shall provide sidewalk improvements along the Weaver Dairy Road frontage from the Carol Woods Entrance at Weaver Dairy Road to the Cedar Falls commercial area.”

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.

This the 11th day of December, 2000.


ATTACHMENT 7

RESOLUTION F

(Denying the Application)

A RESOLUTION DENYING AN APPLICATION FOR A SPECIAL USE PERMIT MODIFICATION FOR CAROL WOODS RETIREMENT COMMUNITY (2000-12-11/R-11f)

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 not:

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

22.              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;

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

24.              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 Council finds:

                                                 (INSERT REASONS FOR DENIAL)

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.

This the 11th day of December, 2000.